A parliamentary Bill that seeks to invalidate traditional community settlements in sexual offences is required to seal a loophole that allows culprits to escape punishment. Should it be passed, sex pests will be cornered, as out-of-court deals will be discontinued.
This is a long-overdue move that will see justice done and be seen to be done by having suspected sexual offenders face prosecution. Only the courts will determine their guilt or otherwise and hand out appropriate sentences.
As the lawmakers have pointed out, such deals shield even repeat offenders and deny minors justice for the violations. This is why the MPs have supported an amendment to the Sexual Offences Act. The Sexual Offences (Amendment) Bill 2025 is meant to strengthen the legal framework for prosecuting sexual offences.
Though the Constitution encourages traditional and alternative dispute mechanisms, they only make sense if applied to civil disputes, and not criminal violations such as sexual abuse. The Bill is now close to the final vote before being forwarded to the President for assent to become law.
Deterrent action against culprits
The MPs are quite right that sexual offences are crimes and not private disputes between individuals or families. Settling them out of court undermines the criminal justice system and hampers the protection of citizens and maintenance of law and order.
Sexual offences are heinous crimes with grave consequences for the victims. They are not issues for private negotiations or traditional dispute resolution mechanisms. Releasing offenders exposes other children to possible similar abuse.
Informal settlements allow offenders to evade justice by paying minor customary fees or fines. A survivor’s trauma, physical health and dignity should never be negotiated by elders or family members for financial compensation.
Sexual offences cause long-lasting physical, psychological and social consequences for victims. Deterrent action against the culprits is needed.