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BEYOND FORCE: THE NEED TO INCORPORATE ABSENCE OF CONSENT AS AN ELEMENT OF RAPE, A REFLECTION ON ETHIOPIAN LAW

BEYOND FORCE: THE NEED TO INCORPORATE ABSENCE OF CONSENT AS AN ELEMENT OF RAPE, A REFLECTION ON ETHIOPIAN LAW

In recent years, the global perception of sexual violence has shifted with greater emphasis on consent as a defining element rather than physical force and resistance. However, the definition of rape in different legal systems including Ethiopia continue to remain focused on violence, coercion or the victim’s incapacity to resist. Despite being comprehensive, the Ethiopian criminal code lacks explicit recognition of the absence of consent as a defining element of rape. In addition to compromising the autonomy and dignity of victims, such omission creates significant loopholes making it challenging to prosecute non-consensual sexual acts that do not entail overt intimidation or physical violence. This paper argues that a consent-based definition of rape is crucial to ensure that all forms of sexual violation, regardless of the presence of force are adequately addressed within the Ethiopian legal system. Such change would enable the legal system to better protect the rights of the victims, align itself with international human rights standards, and advance a society that is just and equitable.

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