"It's a law that was imported," said Floribert Kimanuka, a judge in Goma. "The law presents many contradictions with realities on the ground."
Instead of capturing violent rapists, he said, many of the cases he is now seeing involve young couples in which the girl is younger than 18. Many of the girls resist pressing charges against their boyfriends, but often parents insist in hopes of winning a cash settlement.
"Generally it's just for the money," Kimanuka said.
He added that he thought Congolese women shared some of the blame for the increase in sexual attacks because they "walk around today wearing almost nothing."
Such comments exemplify how far Congo's courts have to go, said Justine Masika Bihamba, who runs a rape counseling group in Goma.
"Congolese justice is sick," she said.
Under the current system, victims must pay for justice: $5 to file a case, $10 for the investigation and $35 for the hearing. If victims win a cash settlement, they are required to first pay the government 15% of the award before the government will enforce collection. Since many victims are too poor to pay upfront, they never collect their settlements, she said.
Bihamba said pursuing court cases is crucial to holding rapists responsible and giving women a sense of vindication.
"Psychologically, it's a comfort," she said. "Women are treated like objects, so the rapists deserve to be treated in the same way."
Her group and others are also working to bring more women into the justice system. The ABA-funded clinic has scholarships for 10 women getting their law degrees in Goma.
Wivine Sitala Kingombe, 26, graduated two years ago and focuses entirely on sexual violence. Most often she's still the only woman in court, but she said she has an advantage.
"Victims trust me more because I'm a woman," she said. "And I feel more engaged and committed to the work."
She expressed optimism that attitudes are changing. In one case, she is representing a 5-year-old girl allegedly molested by a 65-year-old soldier. After reviewing the case, the judges, on their own accord, increased the charge from "attempted rape" to "rape."
But the 17-year-old girl is still waiting for her day in court. Because she's underage, the case should be open-and-shut. She said she found out a couple of months ago that she's pregnant from the attack.
But local police are reluctant to confront the businessman, who reportedly bought his way out of a similar rape charge involving another girl, her attorney said.
She said she's not giving up, even though her family has kicked her out, saying they can't afford to help raise the baby.
"I was rejected by everybody," she said. "But there is strength in justice."
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edmund.sanders@latimes.com
