Recursos textuales

Despite the difficulty of generalising qualitative research findings, “rough generalisation” is possible in this type of study.124 This research has the potential for generalisation

deriving from the fact that the proportions of the data studied are substantial compared to the total size of the population studied. This was facilitated by the relatively small size of the Rwandan criminal justice system and the small number of the cases of rape normally handled in the country. Concretely, the study analysed 30.3 per cent of all the

cases tried and 15.3 per cent of the cases dropped by prosecution from 2012 to 2016.125

The observations were conducted in 6.6 per cent of the trials that took place in the year of 121 Ibid. 122 Bryman (2016), p.563. 123

For example, the code “late report” was used in coding the opinions of the elite interviewees about delayed reports of rape. The same was used when recording prosecutors’ and judges’ written decisions in cases where the victim did not promptly report the incident. If in the court observation notes there were instances where the participants reacted to delayed report, this reaction was also mentioned in the table with the code “late report” in a next column.

124

Baker (2006), p.187, citing Johnson.

125

The number of cases judged between 2012 and 2016 collected for this study is 175 while the total cases of rape judged in the country during this period is 576, according to statistics provided by prosecution authorities specially for this study. The cases dropped that were studied are 101 out of a total of 658.

the fieldwork.126 The fraction of the legal professionals interviewed is also significant: 9.6 per cent of the judges and 9.5 per cent of the prosecutors in civilian courts were

interviewed.127 Two out of seven Military High Court judges and two out of sixteen military

prosecutors participated in the study. The smallest ratio of participants compared to the rest of the population is that of the rape survivors interviewed who had been through the

legal process, which is estimated at 1.9 per cent.128 Overall, these proportions are

relatively significant for a qualitative research of this type.129

The literature on social research methodology indicates that generalisation of qualitative

findings requires a sampling process ensuring representation of diverse sources of data.130

This was done as explained above. Generalisation also entails similarity between the group

studied and the population to whom the result is intended to be generalised.131 In this

study, there is no indication of any difference between, on one hand, the persons interviewed, the court hearings monitored and the case files studied, and on the other hand, the remainder not studied. Dissimilarity between both is highly unlikely. For all these reasons, some degree of generalisation can be allowed in this research.

This study was subjected to two major limitations. The first is the scarcity of literature on rape myths in Rwanda. This resulted in the study relying on Western literature. Rwandan literature would have enhanced the analysis by providing domestic perspectives. These are missing in the study. On a positive note, it can be said that this paucity gives the present research the potential for being a key reference point for future studies in the country. The second limitation was related to the issue of language. Almost all the data were gathered in Ikinyarwanda, the Rwandan national language, which is my first language. This was a great advantage during fieldwork and data analysis. However, it

126

According to statistics provided by prosecution for this study in July 2018, the number of cases of rape tried in 2016 is 135, of which I monitored nine fully and one partially.

127

According to figures provided by prosecution and courts officials, during the period of the fieldwork there was a total of eighty prosecutors at intermediate level, twenty-five at national level, sixteen in the military, ninety-nine judges at first instance and sixteen in the High court.

128

Eleven survivors who had been through the legal process between 2012 and 2016 were interviewed. During this period, 563 cases were tried.

129

Most literature on qualitative research note that what is essential in this type of investigation is not the big number of participants taking part in the research or the number of documents analysed but the quality of the data and its ability to provide information that can help answering the research questions.

130

Mitchell (1986), p.117; Bryman (2016), p.408; Hultsch, D.F. et al. (2002), “Sampling and generalisability in developmental research: Comparison of random and convenience samples of older adults”, International Journal of

Behavioral Development, 26 (4), p.345. 131

presented a challenge for translation. Translating passages from my first language to English, my fourth language, was not always clear-cut. This was aggravated by the inexistence of a proper Ikinyarwanda-English dictionary. The issue of language was also a difficulty for the study in general but many efforts were made to overcome it. For example, I attended English language courses during the period of research in order to improve my writing skills.

I had these limitations but I also had a personal advantage during this research. This advantage derived from my professional background as I am a police officer. I have held senior positions in law enforcement for two decades before undertaking this research. This background has had a significant impact on the fieldwork I conducted in Rwanda. The good relationships created during my career and the knowledge of the system enabled me

to obtain most of the data collected.132

However, I was permanently conscious that my status could also unconsciously affect the research because I am part of the system that I was researching on. Thus, I made every effort to be as objective as I could. This effort was enhanced by an attempt to support my findings with substantial and triangulated evidence.