A Double-Edged Sword? The Criminalization of False Rape Accusations in Botswana

Abstract False rape accusations have far reaching consequences in that they may result in the prosecution and conviction of innocent persons so falsely accused. In addition to the possibility of criminal sanctions, persons falsely accused of rape may suffer considerable societal stigma, damage to reputation, and psychological harm. Furthermore, the proliferation of false rape accusations may result in actual victims of rape being treated with mistrust and being disproportionately interrogated before their reports are acted upon. Neither of these consequences bode well for any criminal justice system. For this reason, the parliament of Botswana, through the 2021 amendment to the Penal Code, criminalized false or misleading rape accusations. This paper interrogates the legislative intent behind the criminalization. It discusses the elements of the offence in highlighting what the prosecution needs to prove to secure a conviction. Furthermore, the paper assesses the adequacy of the sentence imposed for the offence. For comparative purposes, I explore how other jurisdictions approach the challenges of false rape accusations and distil the lessons to be learnt from such approaches.