Para 56) JS1 recalled that at the previous review, three recommendations relating to marital rape had not enjoyed the support of Botswana but that a recommendation relating to the punishment of perpetrators of sexual violence against women and girls had enjoyed the support of Botswana, which JS1 considered to be a contradiction and reflective of the legal siltation in the country. Although marital rape formed part of the continuum of violence against women and girls, it was not considered a crime, which negatively impacted the ability of married persons who experienced sexual violence to access to justice and other human rights such the right to personal security, to bodily autonomy and to health.
Para 58) JS2 stated that for adolescent girls, sexual gender-based violence manifests itself in child marriage, defilement, and rape.
Para 67) The HR Committee expressed concern about the high level of violence, including sexual and domestic violence, against women and children, which had significantly increased during the COVID-19 pandemic. It was also concerned about the fact that marital rape and sexual violence were not recognized as criminal offences in domestic legislation and about the insufficient protection and support afforded to victims of domestic violence and their families.