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

 

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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

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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

Sharing insight to develop better court models

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Spaces where researchers, activists and students can gather to share thoughts, ideas and dreams, are few and far between. That is why we were so grateful and excited when the University of Cape Town’s Centre for Law and Society offered to partner with us to host a panel discussion on developing court models in South Africa.

This discussion was designed to follow on from the National Forum on the Implementation of the Sexual Offences Act that was presented by the Department of Justice at the end of 2017 and where some of the research concerning sexual offences courts was first presented to the public. However, only a handful of representatives from the NGO sector could attend the DOJ’s forum and we were interested to hear the views of others in the field of sexual violence, colleagues who work in courts and fellow activists.

Our panel discussion on developing court models in South Africa took place on 26 April 2018 in Cape Town and we were joined by three panellists; Lisa Vetten, from the Wits City Institute, Dr Aisling Heath from the Gender, Health and Justice Research Unit at UCT, and Karen Hollely from the Child Witness Institute. Together they shared some of the key findings of their three separate research undertakings in the area of sexual offences in the court system. Their separate research studies looked at the experiences of victims of sexual violence in courts, the observation of court proceedings and the reviewing of court files. They not only shared their very interesting findings, but also their personal opinions of how this issue should be taken forward.

What made this event special is that it brought together groups from two worlds; those at the coal face working in courts, and those in front of the data and research analysing findings. In our experience it is felt that these two worlds don’t connect often enough and so the opportunities to bring these perspectives together to share insights and knowledge are always meaningful. Through the Court Support Project, Rape Crisis provides support services to survivors at five courts. This is an extremely an extremely important component of sexual offences courts. We believe that the very real experiences of our court supporters has the potential to add a depth and richness to the research done by these panellists. By the same stretch, their research helps to shed light on the systemic issues at play that influence the work that happens in courts.

The Rape Survivors’ Justice Campaign (RSJC) believes that specialised sexual offences courts are the key to restoring faith in the criminal justice system by decreasing the secondary victimisation of rape survivors, and in so doing increasing conviction rates for rape. Learning from the findings of skilled researchers in combination with our own experiences is immensely valuable. It influences our RSJC strategy and helps us work towards answering the question that is central to our campaign; what do sexual offences courts need in order to be successful in South Africa?

 

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Jeanne Bodenstein is the coordinator of the Rape Survivors’ Justice Campaign for the Rape Crisis Cape Town Trust.

Working towards making sexual offences courts a reality

We love big ideas. The big plans that make us believe that things can be better and that the world can become a better place.

The RSJC ‘big idea’ is that South Africa can reduce the number of rapes committed by increasing the conviction rates of these crimes and achieving stronger sentences for perpetrators. We believe that this goal can be achieved through the planned rollout of specialised sexual offences courts, which is why we advocate to hold our government accountable to the rollout of these courts. We believe that these specialised sexual offences courts are the key to restoring faith in the criminal justice system by decreasing the secondary victimisation of rape survivors, and in so doing increasing conviction rates for rape.

But in the real world, without the details, ‘big ideas’ cannot be achieved, and in order to see our ‘big idea’ realised the first step is to get the primary legislative framework for sexual offences courts in place. However; this legislation cannot come into operation and cannot function without the implementation of secondary legislation in the form of regulations that detail how to implement the primary legislation.

The primary legislation we lobbied for was signed into law in the second half of 2017 and the Department of Justice released the Draft Regulations on Sexual Offences Courts in December 2017 for public comment. This Draft Regulations document consisted of 54 regulations with several subsections and we provided the Department of Justice with detailed written comments on the regulations.

Making change often includes a lot of behind the scenes work before any “in front of the scenes” work can happen. This time the behind the scenes work was lobbying the Department of Justice to include the RSJC as members of civil society and experts in the field. Gaining the acceptance of our request to be included meant that we had a legitimate opportunity to drive the change we are working towards.

We therefore scrupulously worked through all 54 regulations and their subsections and put forward our comments and recommendations on each regulation to the Department of Justice at a meeting that took place the 26th March 2018 in Pretoria.

This meeting saw the RSJC team working with the Department of Justice, the National Prosecuting Authority, the South African Police Service and the Department of Social Development to finalise the regulations for sexual offences courts. We worked through much of the detail with the aim of ensuring that the final regulations would result in money being spent on specialist services and personnel, as well as court infrastructure that will reduce secondary trauma to rape survivors. We believe that it is these kinds of details that will ultimately make it possible for survivors to experience a supportive criminal justice system.

We view a meeting of this nature as a massive win for the RSJC campaign and on a personal level this is the reason why I do this work. Being in the room, influencing decisions about the details that will make sexual offences courts a reality, and helping to ensure better support for survivors, is what makes big plans come to life.

 

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Jeanne Bodenstein is the coordinator of the Rape Survivors’ Justice Campaign for the Rape Crisis Cape Town Trust.