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In the absence of a comprehensive national civil registry, the Medical Commission has become the de facto authority for age assessments, a service parents, lawyers, and law enforcement frequently rely on.
These documents carry immense weight in court, sometimes serving as the deciding factor between a conviction for statutory rape and an acquittal. Yet, critics warn that the system is rife with vulnerabilities.
Dr. Lopuk Lopuk Lokole, Chief Medical Commissioner in Central Equatoria State, has raised the alarm over growing challenges, stating that gaps in the civil registration system are being exploited by criminal networks, families, and even members of the security forces.
“When anyone comes for an age assessment, there are clear procedures,” Dr. Lokole explained. “First, personal information is recorded and verified, and then the doctor completes the process through dental examinations.”
However, he pointed out a major obstacle: families often attempt to manipulate ages. “Families try to make boys appear younger in criminal cases or girls appear younger in sexual assault cases to protect them,” he said. He added that such certificates are often rejected by courts, which prefer birth certificates issued before the alleged crime.
Dr. Lokole also revealed that his commission faces daily pressure from some members of the regular forces who attempt to secure certificates for children without bringing the child for a physical assessment.
“We insist that fingerprints and the physical presence of the person are mandatory. This is a problem we face almost daily,” he stressed.
A Doctor’s Ethical Dilemma
For medical professionals, the process is not always straightforward. Dr. Joyce Scopes, a dental consultant who conducts forensic age assessments, confirmed that her examinations follow internationally approved medical standards, primarily relying on dental development and X-rays.
Despite this, she admits her work is frequently undermined. “After I have determined the age scientifically, some police officers or parties involved try to pressure me to alter results so that a perpetrator appears younger and can escape punishment. I reject this behavior,” she said.
To protect the integrity of her work, Dr. Scopes has adopted a strict protocol: “I refuse to allow any party, whether representing the victim or the accused, into the examination room. Once I finish, I hand the report directly to the court police.”
A Legal Crisis
From a legal standpoint, the issue of fraudulent documents is a grave concern. Advocate Godfrey Victor Bulla, Executive Director of the Justice and Human Rights Observatory, stated he has personally seen cases where forged documents are presented as evidence.
“In rape cases, we have seen parents in collusion with networks inside hospitals and certain police units forge birth certificates, sometimes even issuing them after the incident,” Bulla explained. “When the documents don’t correspond to the dates of the crime, it exposes the fraud.”
Bulla recalled a case where a defense lawyer presented a forged national ID. He insisted the court verify it, and when the report confirmed the ID was not genuine, the court immediately opened a forgery case against those involved.
“Forgery and manipulation don’t just distort the law; they destroy the very foundation of trust in the justice system,” Bulla warned. He stressed that these fraudulent acts are not just an obstruction of justice but a separate crime punishable by law.
The Path Forward
Experts agree that the problem will persist until South Sudan establishes a reliable, secure national civil registration system. Dr. Lokole believes the solution lies in a system that cannot be easily manipulated.
“The issue will remain until the government begins issuing genuine birth certificates using advanced scientific methods such as biometric registration and digital record-keeping,” he said.
Until such reforms are implemented, the credibility of legal proceedings will remain at risk, and survivors of sexual assault, especially minors, will continue to face an uphill battle to secure the justice they deserve.
NB: “This story is reported with a grant from Journalists for Human Rights under the ‘Tackling Mis/Disinformation Project,’ funded by the Peace and Stabilization Program of the Government of Canada.”
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