The implementation of law of evidence regarding the sexual abuse of children in Ethiopia

Abstract

This mini-dissertation examines the problems in the law of evidence in the implementation of substantive laws regarding sexual abuse. International and regional instruments prohibits any sexual abuse committed with children. Among the international and regional instruments, the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child can be mentioned as major instruments ensuring that children’s rights are protected from all forms of sexual abuse. The domestic laws of the Federal Democratic Republic of Ethiopia outlaws the crime of sexual abuse of children. Ethiopia also ratified the United Nations Convention on the Rights and the African Charter on the Rights and Welfare of the Child. However, effective implementation of substantive laws requires effective procedural laws. In this regard, Ethiopia does not have a uniform and codified law of evidence that regulates the administration of evidence in the criminal justice system. This is attributed to the failure of child sexual abuse cases brought before the courts. In order to address this problem, this study discusses and analyses the problems related to composition of law of evidence; evidence adduced in child sexual abuse cases; evidence collection and investigation; the manner in which evidence is presented; and the weight of evidence before court. This mini-dissertation recommends that Ethiopia should introduce a regulated and codified law of evidence for the effective implementation of laws that ban child sexual abuse. The introduction of regulated law of evidence will avoid irregular and inconsistent practices of evidentiary matters regarding child sexual abuse cases before the Ethiopian courts.