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Paper short abstract:

This study explores the historical roots of sexual violence in Malawi, examining the impact of British legal constructs and African traditions. It reveals how the dual legal system perpetuated the subjugation of women and hindered justice which reverberated in the post-colonial period.

Paper long abstract:

Historians have explored the prevalence and complex intersections of legal pluralism when addressing sexual violence in Africa, examining how gender, race, class, and politics influenced these dynamics. Notably, Malawi has been a neglected area in this discourse, with prior examinations by Martin Chanock limited to family and criminal law aspects of marriage, adultery, and divorce. This study represents a pioneering effort to delve into the realm of sexual violence within the framework of the dual regulatory systems in Malawi. It demonstrates that British legal constructs and African legal frameworks facilitated the subjugation and control of African women bodies and fell short in delivering justice for women subjected to unwanted sexual encounters. The legacy of the dual legal system reverberated through the post-colonial era, with a complex unfolding scenario. First, the colonial British legal challenges in addressing sexual abuses contributed to a diminished trust in British law in the post-colonial era with vigilante groups metering out traditional ways of punishing rape. Secondly, African men continue to leverage customs and traditions to formally exert control over women’s bodies. These traditions also serve to resist government attempts to legislate against rape, hindering efforts to address sexual violence. However, amidst these challenges, there is a discernible transformation taking place as Malawi endeavours to transcend the limitations and failures in tackling sexual violence through the enactment of laws against rape and a shifting awareness among men. The study relies on a diverse array of written sources, encompassing early travelogues, ethnographies, colonial state archives, mission institution records, accounts of sexual violence cases documented in both colonial state and missionary newspapers and Nyasa times online newspaper. The study underscores the critical importance of historical inquiry in comprehending the intricate layers of sexual violence and its enduring consequences.