Drug Facilitated Sexual Assault

In recent years, drug facilitated rape (date rape) has become a more prominent cause of
concern in public discourse. Drink spiking has become synonymous with sexual assault, drug
rape and date rape. The typical scenario of drink spiking involves a public space such as a bar, a club, a restaurant, a shebeen or a date setting. It could however also happen in more private settings, such as the home. The perpetrator targets a victim, by secretly spiking his or her drink with a drug. The drug used is often Rohypnol, but also Tik. When the victim becomes incapacitated, the perpetrator could abuse the victim’s vulnerable situation by sexually assaulting, raping and robbing him or her. Tik serves not only to render a victim helpless but also addicted and dependent on the rapist for drug supply thereafter
even after he is convicted and jailed.

Date rape survivors are often very reluctant to come forward as they cannot recall much of what happened to them and this makes them feel very fragile when speaking about it,
because it makes them feel very traumatised. This really is one of the more violating types of
rape because in a sense the rapist “steals” the survivor’s memory of events in addition to
perpetrating sexual violation. It is therefore difficult to say how prevalent drink spiking and
drug facilitated rape is in Cape Town, as many survivors feel ashamed to report at their cases
at the police, as they can’t exactly recall what had happened.

With the festive season approaching, many Capetonians, South Africans and tourists will go out more frequently and find themselves in social settings where drink spiking and sexual assault could happen. It is therefore important to be aware of this issue and to take care of yourselves and your friends when going out. Ways to protect yourself and your peers from drink spiking is to never leave your drink unattended and keep an eye on your friend’s drinks, don’t accept a drink from strangers you do not trust, try to choose bottled drinks that you could open yourself or you can see the bartender opening it. Furthermore, make sure to always surround yourself with people you trust and who would recognise that something is wrong when you lose control over your own body. It is also important to have a plan how to get home, before you go out and that the friends you are with know how you will get home safely.

However, I personally think this is very important, I am not writing this with the
intention to scare women and other possible victims of drug facilitated sexual assault or to
restrain them from enjoying their drinks, dates, or nights out. It is unfair to expect from
women that they must adjust their habits to safely enjoy a space that is supposed to be
enjoying, while perpetrators are not being addressed. This blog is written simply to explain
what drug-facilitated rape is and how you can protect yourself. This should never create space for victim blaming. Rape and sexual assault is never the fault of the survivor. It is
always the perpetrator to be blamed. Therefore, we must also address perpetrators and
peers of perpetrators. If you see or know someone becoming a perpetrator of drug- facilitated sexual assault, please call out on this person, or report this to the police. Let’s all
collectively, create a safe, sexual assault free festive season.

Our helpline number for counselling or advice is 0214479762 and is open 24 hours a day, 365 days a year and through contacting us we can also link you to our wide range of referral partners as needed, or go here for more.

By Paula Vermue

Paula Vermue is an Anthropology student from the Netherlands, who is currently doing research in Cape Town for her research master’s thesis. She joined the Rape Crisis team on the 1st of September 2018

Advertisements

Making strides in fighting for sexual offences courts

The Rape Survivors’ Justice Campaign was conceived and established in 2016. We have one aim: the planned and funded rollout of sexual offences courts as promised by the government.

This is a big ask and we envision that this long-term advocacy campaign will probably take at least ten years. Since our launch on Women’s Day in 2016 we have made great strides and progress and we will continue to build on this in the future.

Our campaign advocates for the national rollout of sexual offences courts to such an extent that all rape survivors will eventually have access to a specialised court. We believe that these courts should first be established in areas with high rates of reported sexual offences, which is one of the issues that we advocate for in the regulations and our engagement with the Department of Justice.

Locally, we have also chosen to specifically lobby for a sexual offences court to be established in Khayelitsha. Rape Crisis has an office in Khayelitsha and the police stations in the area consistently have some of the highest rates of reported sexual offences in the country without a specialist court to serve the community.

Here are some highlights of our achievements from the past two years:

August 2016: Launch of the Rape Survivors’ Justice Campaign. We made submissions to the High Level Panel on Key Legislation about the importance of having a legislative framework for sexual offences courts in South Africa.

November 2016: We gathered in front of the Khayelitsha Regional Court to demand that it be upgraded to a sexual offences court.

December 2016: We made oral submissions to the High Level Panel on Key Legislation about the importance of a legislative framework for sexual offences courts.

March 2017: We made written submissions to the Parliamentary Portfolio Committee on Justice and Correctional Services on the legislation for courts that deal exclusively with sexual offences.

May 2017: We made additional oral submissions to the Portfolio Committee regarding the exclusivity of sexual offences courts. We also engaged with Regional Court Presidents and the Deputy Minister of Justice to assist with the drafting of the sections of the Judicial Matters Amendment Bill 2016, that gives the Minister the power to establish these courts, including a definition of the courts.

September 2017: We Lobbied the Department of Justice to release the Regulations for sexual offences courts for public comment.

October 2017: We attended the National Forum on the Implementation of the Sexual Offences Act to lobby for the draft regulations to be released and to lobby the Deputy Minister of Justice for the establishment of a sexual offences court in Khayelitsha.

November 2017: Community activists gathered in front of the Khayelitsha Court and handed over a memorandum to the Deputy Minister of Justice to demand the upgrade to the Khayelitsha Court.

December 2017 to January 2018: The draft regulations were released for public comment. We made submissions on the regulations, specifically lobbying for a meeting with the relevant departments.

February 2018: We met with the Deputy Minister at the Khayelitsha Court to discuss proposed changes and upgrades.

March 2018: A meeting with the Departments of Justice, Police, Social Development, NPA and fellow Shukumisa Coalition members to lobby for the regulations to reflect attainable minimum standards as well as lobbying for specialist court support.

April 2018: We directly lobbied the Deputy Minister of Justice for the regulations to be finalised. We engaged with the drafters of the regulations regarding next steps and hosted a research panel discussion to highlight the successes and challenges of how courts deal with sexual offences.

May 2018: We submitted a report to the Deputy Minister setting out recommendations for the upgrades at the Khayelitsha Court.

July 2018: A meeting with the relevant Departments again to workshop the regulations. The main wins from this have been; the inclusion of court support in the regulations, the regulations will be a set of “minimum requirements” for sexual offences courts and the Department is tasked to come up with a list of minimum criteria for how to decide where to establish sexual offences courts.

September 2018: Consult with Rape Crisis’s court support team and coalition partners to on how the role of court support should be described in the regulations.

October 2018: Submit input to Department of Justice setting out the regulations relating to court support in sexual offences courts.

Initially the Rape Survivors’ Justice Campaign demanded that government rollout sexual offences courts in accordance with their own Blue Print set out in the MATTSO report[1]. However, through engagement with government decision makers in different departments as well as research done by academic institutions, we discovered that there was real concern that the model might very well be unattainable in the country’s current financial position. While the specialised personnel and services are key in reducing secondary trauma and ensuring that complainants continue to testify in a sexual

[1] Ministerial Advisory Task Team on the Adjudication of Sexual Offence Matters. The Report on the Re-Establishment of Sexual Offences Courts. 2013 offences case, the Blue Print also contains extensive and very costly infrastructural requirements. At most Regional Courts in the Country, these are simply not implementable.

We used the opportunity to lobby for the release of the Draft Regulations for Sexual Offences Courts, which will give detailed instructions on achievable requirements. While the regulations are still in draft form, we are pushing for them to contain minimum requirements for services, personnel and infrastructure at sexual offences courts with one goal: to reduce secondary trauma suffered by survivors. This way the objectives of sexual offences courts can be achieved within resource constraints.

The Departments of Justice and Constitutional Development as well as the National Prosecuting Authority includes the rollout of sexual offences courts in their Departments’ Annual Performance Plans (APP) and also report on the achievements of these targets at the end of their financial year. The rollout of sexual offences courts includes a staffing component as well as an infrastructure component and therefore the APPs will speak to these issues.

Hopefully by the end of the year, the regulations will be finalised and then Section 55A of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 32 of 2007 can come into operation.

 

16 Days of Noise

By Jeanne Bodenstein

“The problem of rape and sexual abuse is an ongoing crisis in our country. South Africa has one of the highest rates of rape in the world, as well as considerable socio-economic disparities, which means that rape survivors get very different kinds of support when reporting a crime.” During 16 Days of Activism for No Violence Against Women and Children this message is screamed from the virtual rooftops of social media, pronounced in almost every news bulletin, is the topic of a high percentage of media interviews and the centre of a spree of events and campaigns. Government departments have never before hosted this many workshops and suddenly all Parliamentarians have an opinion on this issue.

Handing over memorandum to John Jeffereys

RSJC handing over the memorandum to Deputy Minister of Justice, John Jeffery, outside Khayelitsha Magistrates’ Court. Photo: Lina Lechlech.

So what happens on day 17?

The Rape Survivors’ Justice Campaign asked this very question. Because we know that advocacy must be focused, continuous and strategic in order to achieve real change. The change we work towards is a criminal justice system that includes specialised courts with specialised personnel, infrastructure and services for prosecuting rape cases. We want to ensure that perpetrators are brought to justice while victims are supported. We know that a strong criminal justice system is needed to address the high rates of rape and sexual violence in South Africa by restoring the faith that communities should have that perpetrators will be brought to justice. Therefore, during 16 Days of Activism, we do exactly the same as we do on the other 349 days of the year: we hold the government accountable for rolling out sexual offences courts.

On 25 November 2017, we launched the Rape Survivors’ Justice Campaign webpage. This provides a platform to showcase our work. Last week, we hosted a workshop in Khayelitsha to raise awareness regarding the survivor’s pathway through the criminal justice system. This highlighted the need for a sexual offences court in Khayelitsha to address the very real gaps in the system as well as the high rape rate in this community. We invited participants of the workshop to join us at a public demonstration on 5 December 2017 outside the court.

At this public demonstration in front of Khayelitsha Magistrates’ Court we demand that a sexual offences court be established in Khayelitsha and we handed over a memorandum to this effect to the Deputy Minister of Justice, John Jeffery. In his acceptance speech, the Minister confirmed that Khayelitsha Magistrates’ Court will be upgraded through a collaborative process early next year. This is long-lasting change. Real, systemic change aimed at addressing the problem of rape.

We believe that sexual offences courts will make a real difference in how rape cases are dealt with by ensuring that survivors receive support, that there is a speedy turnaround time for rape cases and ensuring higher conviction rates. So when the government workshops, Parliamentary speeches and abundance of media interviews come to an end on 10 December 2017, we will continue to hold government accountable for the rollout of specialised courts with specialised personnel, infrastructure and services.

Please see our webpage at: https://rapecrisis.org.za/justice-campaign/

 

Jeanne

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

Take Action If You Said #MeToo

23622383_1204116809687854_4631260901422809178_n

Speak Out member, Chipo. Photo by Alexa Sedge.

By Kathleen Dey

I appeal to anyone who posted or followed #MeToo on social media to join our I ACT Campaign and donate R100 every month to fund our free counselling service to rape survivors.

The #MeToo campaign was initially used by North American community organiser Tarana Burke in 2006 as part of a campaign to promote “empowerment through empathy” among black women who had experienced sexual abuse, particularly within underprivileged communities.

20xp-metoo1-master768

Tarana Burke (via justbeinc.org)

It gained global momentum after accusations of sexual harrassment – and rape – were brought against Hollywood mogul, Harvey Weinstein in 2017. Actress Alyssa Milano encouraged posting the phrase as part of an awareness campaign to show the scale of the problem.

She tweeted Tarana Burke’s call to action: “If all the women who have been sexually harassed or assaulted wrote #MeToo as a status, we might give people a sense of the magnitude of the problem.”

According to Wikipedia the phrase was used by more than 4.7 million people in 12 million posts during the first 24 hours.

I am aware of so many women who posted #MeToo on social media platforms and told their stories of harassment, violence and abuse – and many more who were moved by the trend but for good reason did not post the hashtag or tell their painful stories. If each of these took action by donating R100 a month Rape Crisis, we could kick start the I ACT Campaign, a campaign designed to address some of the enormous helplessness and anger we feel when we see how widespread and severe the scale of the problem is. #MeToo demonstrated this only too well.

There were some strong posts from men in support of the women who posted #MeToo, many were shocked by the prevalence and some men said #MeToo as survivors themselves. This is a campaign that men can support just as well. What better way of showing support than a tangible gesture? Many can then say, “I ACT for women’s empowerment” and mean it.

Members of the LGBTQIA community could say an even stronger #MeToo having experienced the intersecting trauma of being sexually harassed and being targeted because of their sexuality, sexual orientation or gender identity. Many have not posted because #MeToo did not recognise this but only saw violence through the eyes of women. The fact is there are many intersections in our society that most people are completely oblivious to. Black women might not have the luxury of posting #MeToo but many of the rape survivors we see at rape crisis experience these multiple forms of harassment. On behalf of all of them we say #MeToo and ask you all to say #I-ACT in return.

Just R100 ensures a one hour counselling session for a rape survivor including transport money if needed. In this space where survivors feel safe to tell their stories they find their own coping strategies, learn to move forward, make well informed decisions and connect more closely to others. Please take action to support them so we can all say I-ACT.

 

img_0625_1

Kathleen Dey is the Director of the Rape Crisis Cape Town Trust.