Six years after the promulgation of Law No. 2020-05 of January 10, 2020, criminalizing rape and pedophilia, the debate remains heated within the Senegalese judicial community. Should it be repealed, revised, or simply its application improved?

These are some of the questions at the heart of a day of reflection organized this Friday in Dakar by the Association of Women Magistrates of Senegal (AFMS), around the theme "The law criminalizing rape and pedophilia put to the test in practice".

A welcome law, but one confronted with the realities on the ground.

From the outset, the president of AFMS, Marie Odile Thiakane Ndiaye, emphasized the historic significance of this reform. By criminalizing rape and pedophilia, the legislature has taken "an act of moral and legal clarity," recognizing these offenses as serious violations of human dignity.

But for the magistrate, the essential point now lies elsewhere: in the concrete implementation. "Laws do not produce their effects in reality on their own," she stressed, insisting on the need to examine practices.

Because on the ground, obstacles persist. Cultural resistance remains strong, particularly within families where sexual violence is still too often treated as a private matter. Victims are silenced, complaints are discouraged, and recourse to the justice system is avoided.

In addition to these social barriers, there are procedural difficulties: slow investigations, fragile evidence, and the isolation of victims in a long and arduous legal process. Not to mention the inadequacy of psychological support, which is nevertheless essential in the face of lasting trauma.

Alarming figures, and probably underestimated.

Presiding over the meeting, the Minister of Justice, Yacine Fall, presented a worrying overview. Between 2020 and 2024, 1,710 victims of sexual violence or pedophilia were recorded, including 957 minors. Among them, 342 were under 13 years old, representing more than a third.

The minister also mentioned cases of domestic violence and abuse committed by ascendants, highlighting the increased vulnerability of victims in environments meant to protect them.

But these figures, she insisted, remain below the reality. "It is urgent to strengthen statistical production," she argued, calling for collaboration with the ANSD and civil society organizations, particularly the Association of Women Jurists.

Between the imperative of repression and the guarantees of the rule of law

While the criminalization of rape is a major step forward, it also presents procedural challenges. The Minister of Justice reiterated that the accusation of rape is "fraught with stigma" and requires solid evidence, while respecting the presumption of innocence.

Indeed, between 2020 and 2024, a significant number of acquittals and dismissals were recorded. This situation calls for a "re-examination of investigative and judicial practices" to prevent cases from failing due to a lack of evidence.

For the minister, the challenge is clear: to find a balance between protecting victims and ensuring procedural safeguards. "The presumption of innocence is a fundamental guarantee of the rule of law," she reminded everyone.

Violence marked by social inequalities

Beyond the law, the issue of sexual violence points to profound social realities. Women and children, often economically or emotionally dependent, are the primary victims. "There is a correlation between violence and poverty," emphasized Yacine Fall, raising a crucial question: who has the means and the courage to file a complaint and face the consequences of legal proceedings? These socioeconomic dimensions, still insufficiently addressed, call for more comprehensive solutions.

No repeal, but a reform of the implementation

Faced with criticism, the government's position is unambiguous: there is no question of repealing the law. According to the Minister of Justice, the legal framework is relevant, but its application must be improved. "The law has established a necessary, but insufficient, framework," she acknowledged, calling for faster procedures, better coordination among stakeholders, and improved support for victims.

She also denounced the "breakdowns in the judicial chain" and the isolation of victims, who often face long and arduous procedures.

One of the main conclusions of the day concerns the need for an integrated approach. The response to sexual violence cannot be solely criminal. "The law punishes, but it does not rebuild the victim," the minister reminded everyone, emphasizing the essential role of psychological and social support in the recovery of victims.