20
Anyangwe/Extrajudicial killings of women in Africa
that the man has the cultural right to chastise his female partner.
Judges are also criticised for betraying ‘gender bias, stereotypes of men
as emotional victims of women’s sexual prowess’.68 In some countries,
a man who rapes a woman is granted immunity from prosecution if he
marries the rape victim. This adds to the woman’s tribulations because
she submits to the rape-induced marriage because of the shame and
reproach of rape and has to endure the company of the man who
violated her in the first place.
Some other countries still exempt rape within marriage from the
ambit of the criminal law. Matrimonial rape often occurs when a man
forcefully demands ‘conjugal right to sex’. In some cases, refusal of sex
provides an excuse for the man to assault or even kill the woman. If she
declines sex and he forcibly tries to get it and she reacts by assaulting
him in self-defence, killing him, if necessary, the court of law and of
public opinion tend to ignore the plea of self-defence and to show her
little mercy. Sometimes killing of the woman happens when the woman
claims her ‘conjugal right to sex’ from her man. A woman who shows
that she desires or enjoys sex is considered not a model wife or partner.
She is called a prostitute and accused of infidelity. In some instances,
she could be battered and even killed on that account.
Politically, women still do not feature very prominently in the
public domain. Women have limited access to public office and limited
political representation at all levels of governance. What this means is
that women are still not in a position to significantly influence
important legislation and State policy in their favour. Business-wise,
women are also not many in the boardrooms.
It is a sociological fact that generally, women continue to have
limited access to capital and economic opportunities. The economic
circumstances in which a woman finds herself could result in domestic
conflicts, leading to assault and even murder by her partner. Cases are
known where an economically independent and assertive woman is
verbally, emotionally or physically abused by her partner because the
man feels that her financial independence ‘disempowers’ him. Such a
woman is easily accused by her partner of being insolent, arrogant,
disrespectful and domineering. Ironically, a woman who, career-wise
and economically, is in a more powerful position than her partner, is
more likely to be physically abused by him. This is done supposedly ‘to
put the woman in her place’ and to make it clear that he is the man of
the house or in the relationship. Interestingly, the collective perception
of a man married to a strong woman is that he is a henpecked husband,
is controlled by her, and is hanging on her apron string. This ‘deflation’
of the man’s ego leads to insecurity and to an inferiority complex,
driving him to become aggressive. Some men tend to marry down
precisely for fear of ‘disempowered’ by a professionally and
economically stronger woman. In the same way, most women tend to
marry upwards because they have been socialised to view the man as
the ‘master’ and bread-winner in the home.
68
Bonthuys & Albertyn (n 25 above) 340.