Today, August 23, 2016, two Civil Parties gave their testimonies in relation to forced marriage, a segment that had started yesterday afternoon. The first Civil Party remained anonymous due to ongoing investigations in other cases. She told the court about forced marriage and an instance of rape by her unit chief. Civil Party Sou Sotheavy talked about her experience as a transgender woman and being
Rape
All parties were present, with the exception of Nil Nonn, who was replaced by Judge Ya Sokhan. 2-TCCP-274 was heard first, followed by 2-TCCP-224.
Civil Party Lawyer Hong Kim Suon
First, the Lead Co-Lawyers for Civil Parties were given the opportunity to continue putting questions to the Civil Party. Hong Kim Suon asked whether she was told about a marriage by anyone else before her marriage. She recounted that she was informed about her marriage a day before. However, on the wedding day, “the man was not the man who proposed to me”. A person called Om Phorn proposed to her before, but on the wedding day she was married to another man. He was called Nhean. She was instructed to stay at Ta Mounty Khnong. The couple was instructed to enter a room. The other newlywed couples stayed in other rooms. “I was not instructed anything, however, when I entered the room, my husband was there”. She remembered: “At that time, we didn’t talk much. He just slept with me. I was afraid. I resisted his advance. He was upset, so he went out of the room and informed his military commander.”
She resisted, because she did not like her husband. “He did not try to console me […]. He simply wanted to have sex with me.” Her husband reported the matter to his chief Comrade Phan. “He complained that I did not consummate the marriage with him. Then, Comrade Phan called me to see him”. This happened during the same night. She was called to a room. “When I was in the room, I was questioned why I did not consent to have sex with my husband.” Her husband was in the other room at the time. Comrade Phan then raped her. “He said that if he raped me and I shouted, then I would be shot dead. And after that warning, after that rape, that I had to shut my mouth and had to agree to live with my newlywed husband”. He used “strong words” while he raped her. “I didn’t dare to make any noise, because I was afraid that I would be killed if I made any noise”. She had a cousin called Heng Vanny, who refused to marry her husband once or twice. She was taken away and killed. Someone else was wearing her shirt the same day that she was taken away, because that other person had her cousin’s nametag on the shirt.
Her husband remained in the military unit, while she was transferred back to Unit 7. When the couple met each other every ten to fifteen days, they would consummate the marriage. “The guards monitored us”. She noticed the militiamen when she went outside to relieve herself. “Every time he came to see me, we had sex. But I did not really feel it was a husband-wife relationship. My husband did what he wanted to do.”