Comparing numbers on sexual offences statistics

Sean Abrahams. He’s still there. And he says he is doing a great job. He’s the head of the National Prosecuting Authority, and mostly famous for not prosecuting Jacob Zuma.

Many people think it doesn’t matter to them, and that the National Prosecuting Authority is a matter for politicians and journalists. Well, let’s take a look at gender-based violence; more specifically sexual offences. That’s an issue that you will know about, and in fact determines some of what you do. Those streets you don’t walk at night, those lectures you give your kids about people spiking their drinks? It’s because you don’t feel safe. One reason you may not feel safe is because rapists are not convicted in significant enough numbers. But how bad are those numbers really?

 Sean will tell you all is well. His NPA has a conviction rate of 72,8% on sexual offences. Sounds good, right? You can sleep better at night, knowing that?

Not so much. The number of convictions on Sean’s own version is 5 001.  The sexual offences crime category contains the crimes detailed in the Criminal Law (Sexual Offences and Related Matters) Act. Crimes that fall under this broad category include rape, compelled rape, sexual assault, incest, bestiality, statutory rape and sexual grooming of children – among others.

In 2016/17, the police recorded a total of 49 660 sexual offences, down from 51 895 in 2015/16. The vast majority of the sexual offences recorded were rapes, followed by sexual assaults.

If 49 660 cases were reported why are there only 5 001 convictions? Even if Sean’s maths is as bad as mine, that’s not 72,8% percent.  So, what’s going on?

Well, at the essence of it is the number of cases that make it to prosecution. At a Rape Crisis event in Cape Town showcasing research on sexual offences courts in May, Lisa Vetten reported on recent research on statistics around convictions. According to her findings an arrest is made in only 57% of cases and only 65% of those were referred for prosecution. Prosecutors accepted 34,4% and these were enrolled for trial. Trials started in 18,5% cases and 8,6% cases were finalised, with a verdict of guilty of a sexual offence.  

With these new statistics in mind it makes us wonder what Sean is talking about? In the 2017/2018 reporting period only an estimated 6 868 sexual offences cases were prosecuted and of these 5 001 resulted in convictions. This is where the National Prosecuting Authority gets their 72,8% success rate statistic.  Sean is therefore only referring to the handful of cases that his staff have cherry picked for prosecution, which have really good prospects of success. What is a ‘good’ rape case? This is usually seen as a respectable, presentable victim, who is sober, badly injured, and has only enough of a relationship with the perpetrator to identify him. What’s a bad case? On the whole this is seen as anyone who is too young, too old, had a few beers, was in the wrong place, or the investigating officer didn’t investigate properly.

 Case investigations are led by constables, in half of the cases. In half the cases the perpetrator was fully named and in 70% of these cases his or her contact details were also supplied. There are nevertheless many cases where the police investigation and documentation of this is deficient. In the dockets the address of the complainant is not always recorded (2,1% of cases), the complainant statement was not signed (13,4% of cases) and the complainant or guardian’s telephone number was missing (21,5% of cases). In only 7% of cases was it noted that the Investigating Officer’s name and contact number had been given to the complainant.

So that’s part of why prosecutors declined to prosecute in 47,7 % of cases referred by police for prosecution. It also explains how the NPA can claim a 72,8% success rate on convictions. As we can see, the actual stats show a very different story when it comes to sexual offences and violence against women.

Sean Abrahams. He’s still there. And he says he is doing a great job. 

 Find out more about what makes a strong rape case from the courts perspective here: https://rapecrisisblog.wordpress.com/2018/05/29/evidence-rape-court-case/

Download the full report: Rape Justice In South Africa: A Retrospective Study Of The Investigation, Prosecution And Adjudication Of Reported Rape Cases From 2012: http://www.mrc.ac.za/reports/rape-justice-south-africa-retrospective-study-investigation-prosecution-and-adjudication

 

alison3

 

Alison Tilley is an attorney, and the head of advocacy at the Open Democracy Advice Centre, which is a law centre based in South Africa, specialising in access to information and whistleblowing law. The Centre works on these transparency issues across Africa.www.opendemocracy.org.za

Advertisements

Rape from the courts perspective

Currently in South Africa survivors of sexual assault and rape often feel that the criminal justice system does not support them. This is why we are fighting for specialised sexual offences courts specialised sexual offences courts that only deal with sexual offences cases and provide special services to survivors. Therefore it is very important to understand exactly what is expected and required in order to prove that a rapist is guilty in the eyes of the law.

From the law and the court’s perspective there are certain things that are essential in making a solid case and having the case result in a conviction. To help you we have put together a list of the key steps you must take in order to provide the prosecutor and the courts with the strongest case possible against your assailant.

What evidence is needed to build a strong rape case: What can survivors do?

  1. Physical evidence

If you have been raped or assaulted do not remove your clothes or wash. Go straight to the nearest police station and request medical attention. There will be physical evidence on your body and clothes that will link the rapist to the crime and it is important that this evidence is collected as soon as possible after the rape. Physical or DNA evidence fades within 72 hours (three days) after the event so the sooner you have this evidence collected and submitted to the police the better.

If you know of a nearby hospital that is a designated as a forensic unit for assessing rape cases you may go straight there but it is important to note that not all hospitals or health facilities deal with rape cases.

  1. Forensic examination

In order to collect physical evidence such as the rapist’s saliva, blood, semen or hair you will need to have a forensic examination done within three days (or 72 hours) after the rape provided you have not washed this evidence away. You will be examined by a clinical forensic practitioner, which means a nurse or doctor who has been specially trained to gather evidence of crimes and offer medical treatment. This is often the strongest evidence in a rape case so it is important you have a forensic examination. However if more than three days have passed your case does still stand a chance of being heard so this should not stop you from reporting rape to the police.

It is also very important that you go to the hospital and get the required treatment. This will include antiretroviral drugs to prevent HIV, emergency contraception, antibiotics and the possible treatment of any injuries.

  1. First contact witness

The first person you talk to after you have been raped and tell about the rape is called the first contact witness. It is important that you speak to someone you trust and that you have this person’s contact details as the police will want to talk to them. They may be required to appear in court and give evidence to support your story.

  1. Police statement

You will need to give the police a statement of what happened. From the point of view of the law the sooner you can do this the better as the criminal has less chance to escape and you may be able to remember more about the rape right after it happened. If you are not in a position to have a full statement taken, you can give a brief statement and the investigating officer will make an appointment with you for the following day or ideally within 36 hours.

From the point of view of the prosecutor and the law, the more evidence that is collected and the sooner it is gathered after the crime the stronger the case will be in court. Once you have gone through these steps you can take some time to recover and decide whether or not you want to lay a charge against the person who raped you. Even if you are not sure whether you wish to lay a charge, it is better to have the forensic examination done, so that the evidence is there should you decide to lay a charge at a later date. Having strong evidence strengthens your case, and helps convict criminals, and to empower you as a survivor and as a witness in court.

For more information and practical advice on what to do if you are raped you can read our booklet; You and Rape, the essential guide for rape survivors.  

Download the You and Rape English booklet. https://rapecrisis.org.za/wp-content/uploads/2015/10/English.pdf

Download the You and Rape Afrikaans booklet. https://rapecrisis.org.za/wp-content/uploads/2015/10/Afrikaans.pdf

For further information Shukumisa http://shukumisa.org.za has created a comprehensive guide called; Women know your rights, a simplified guide to your rights against sexual violence. Download it here.  http://shukumisa.org.za/wp-content/uploads/2017/09/Woman-know-your-rights.pdf

The Gender-Wage Gap

In the world we occupy today, there are currently fewer women executives in the workforce than there are male executives named John. While this seems like an optimal moment to use the now infamous Hillary Clinton, glass ceiling metaphor, it turns out that getting on to the same level as this plethora of John’s is only the beginning of a women’s struggle in the work place. Surprise! More glass ceilings. Not only does there need to be a fight for a women’s success to equal that of John’s, but the false pretense that the struggle ends there only causes a woman to stop and say, “Wait!” when she looks down at her paycheck and compares it to that of her male counterparts.

The gender-wage gap is not a new phenomenon. In fact, as Mariarosa Dalla Costa and Selma James discuss in their writing “The Power of Women and the Subversion of the Community,” how capitalism pushed women further and further out of the workplace to the point where men were the primary wage earners and a women’s skills were wasted as she is reduced to her domestic work. However, discrimination in the name of gender is a complex animal and, of course, one glass ceiling would have been far too easy for a woman to break. Even when women shed their soapy, latex dish-washing gloves and join the work force, the system tells them that they are still not worth the same as men.

In fact, society tells women that although they can escape the home to the equally restrictive shackles of a desk, a woman still belongs to her chores. Men label women as distracted or inefficient, because clearly she must be focusing on the housework left undone at home, rather than the office tasks at hand. All in all, this justifies our wage gap. The perception that a women’s output cannot compare to a man’s when he has the ability to push home, family, and relationships out of his mind and focus in a way that, apparently, a woman cannot. The placement of men in the workplace and women in the home is so deeply ingrained in our society that now, in 2018, there is no need for a spoken justification for the gender-wage gap, this inequality lives, unquestioningly accepted, just below the radar of injustice.

My initial reaction to this idea was one of disbelief. In my experience, stereotypes surrounding women rely less on us being unfocused and stretched too thin, than on our ability to multitask, listen, and empathize. However, as I continued to read about the gender-wage gap, the more I was engaging with this justification of inequality. While the stereotypes that I associate with women are definitely informed by my own background, I generally view the ability to listen and other ‘female’ traits as skills of importance in the workplace that need to be fine-tuned in order to achieve success. However, while my stereotypes of women may be the polar opposite of those listed above, they still hold some sort of negative connotation in a work environment. While empathy is a trait that makes someone a decent human, it is hardly seen as valuable in the dog-eat-dog, masculine depiction of the business world.

Consequently, I began to question why I even associate these words with what it means to be a woman. Wait. Aren’t multitasking, listening, and an ability to empathize all traits assumed to be important in order to raise a child? Have I fallen back into the trap of connecting a woman to the home, her family and her domestic work? If these definitions of womanhood are circular, revolving around the home, can a woman not be anything, free to choose her own identity and how she manipulates it; or is anything really just synonymous with nothing? The fact of the matter is that a woman can be anything and should mean something different to every person, but society’s ability to understand women is still bound by the harsh limits of stereotyping as evidenced by the ongoing gender-wage gap.

So how do we combat this? How do we, as women, band together to change the fate of our bank accounts? How do we prevent another glass ceiling from forming right above our heads right before we successfully push through the one directly in front of us? While I do not have the answer to this question, I can only hope that by the time the John’s are equal to or outnumbered by the Emily’s, Hannah’s, or Julia’s in the workforce, we can finally push forward so that a women’s seventy-something cents can finally be equal to the man’s dollar.

 

10535736_10152678294070011_681321450803301040_o
Talia Clark
interned at Rape Crisis in April 2018. She is currently a B.A candidate at the George Washington University studying International Affairs. In her third year at university, she decided to partake in a study abroad program in Cape Town to study multiculturalism and human rights which led her to her internship with Rape Crisis Cape Town Trust.

Turning big ideas into action in 2018

It’s been a busy first quarter, not only making progress towards our programme targets but also building the strength of our organisation and forging better links with outside stakeholders. We have a vision of a South Africa where rape survivors are supported in their homes, by their communities and within the criminal justice system. We’re making it real.

Capture d_écran 2018-05-17 à 14.39.27

 

 

Kholeka Booi talks to a school social worker in Khayelitsha about our peer education programme that addresses sexual violence and promotes safety in schools.

 

 

Capture d_écran 2018-05-17 à 14.42.49Learners from Intlanganisa High School get to hear about what rape culture means as part of our peer education programme.
Capture d_écran 2018-05-17 à 14.42.59At Khayelitsha Mall members of the Rape Survivors Justice Campaign speak to people about the need for specialised sexual offences courts.
Capture d_écran 2018-05-17 à 14.43.13Our General Meeting is a space for staff, volunteers and Trustees to come together to talk about the wellbeing of the organisation and strengthen our internal bonds.
Capture d_écran 2018-05-17 à 14.43.25One of our donor partners, NACOSA, has organised an evaluation of the work we do supporting rape survivors undergoing a forensic examination at Thuthuzela Care Centres.
Capture d_écran 2018-05-17 à 14.43.39

 

 

Speaking her truth our director Kathleen Dey writes a chapter on feminism in practice that describes how feminism is lived in Rape Crisis today.

 

 

 

 

 

 

Capture d_écran 2018-05-17 à 14.43.50Attending the German Embassy reception at the opening of Parliament earlier this year with thanks to our partners from Oxfam Germany.
Capture d_écran 2018-05-17 à 14.44.06Making plans for joint advocacy with members of the Shukumisa Coalition's Law and Policy Strengthening Task Team.
Capture d_écran 2018-05-17 à 14.44.20Xhosa speaking staff and volunteers review the content of our You and Rape booklet as a self-help guide empowering survivors.