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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#NotOurLeaders

by Lisa Vetten, Vivienne Mentor-Lalu and Sanja Bornman

Tomorrow, 25 November, marks the start of the annual 16 Days of Activism to End Violence Against Women. Activities led by government emphasise the importance of taking action to end gender-based violence but do political parties walk the talk?

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Mduduzi Manana has resigned from his position as the Deputy Minister of Higher Education and Training and been convicted and sentenced for committing assault with intent to cause grievous bodily harm. But he is neither the first nor the only political representative to behave violently towards women. During this year’s 16 Days of Activism, the Women and Democracy Initiative (WDI) of the Dullah Omar Institute at the University of the Western Cape, Lawyers for Human Rights, and gender violence specialist Lisa Vetten turn the spotlight on political representatives and the protectors and keepers who enable their sexual misconduct and abuse. Each day the group will release the name and facts of a different case of a leader embroiled in sexual abuse charges. The aim is to reflect both on the incidents themselves, as well as the responses of the political parties to which these men belong, their actions proving a litmus test of their true commitment to addressing sexual violence.

South Africa’s political representatives are the guardians of the Constitution and rights it contains, including the right to gender equality and the right to be free from all forms of violence, whether from public or private sources. It is their responsibility to develop laws that advance these rights, hold government departments to account for their (in)action in this regard, and approve budgets that make these rights realities. But political representatives’ ability to improve women and men’s lives is compromised when they appoint abusive men to positions of power.

“Political parties that appoint these men, then fail to act against them, or protect them, are hypocritical. Over the next 16 days, we will hear a lot of public condemnation of violence against women and children from various leaders, but this campaign turns the focus on what politicians and parties actually do, not what they say,” said Sanja Bornman of the Lawyers for Human Rights’ Gender Equality programme. Parties undermine efforts to address gendered forms of violence when they fail to develop systems and procedures addressing sexual violence, or fail to put their policies and procedures into effect. They also hamper South Africa’s efforts to meet Goal 5 of the United Nations Sustainable Development Goals. Target 5.5 of this goal is to “ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.” Yet women’s political participation and representation is undermined in environments where sexual violence and abuse go unchecked.

Says Lisa Vetten: “These problems are not new and if they are allowed to persist there is a risk they will become permanent features of our political landscape. As the country currently debates the quality of its political representatives this dimension of their conduct should not be overlooked.”

The individuals we will be focusing on are #NotOurLeaders and we demand that political structures act decisively and urgently to tackle the problems we will be highlighting during the 16 Days.

 

Lisa Vetten is a gender violence specialist based in Johannesburg, Vivienne Mentor-Lalu works at the Women and Democracy Initiative of the Dullah Omar Institute at the University of the Western Cape and Sanja Bornman works for Lawyers for Human Rights.

Women’s Month: A Sham

It’s an annual play and we have all seen it before….

Every year in South Africa, we celebrate Women’s Month to commemorate the thousands of women who fought so bravely for equality during apartheid.

But it has become a month of lip service. Government departments praise their programs to end the scourge of gender based violence and spew dialogue about the initiatives that exist which put the needs of South African women first.

But let’s look at a more accurate test. The importance placed on women’s rights can be measured when a political figure is involved in the act of violating women. Enter, former deputy Minister of Higher Education, Mduduzi Manana.

Mduduzi Manana

Former deputy Higher Education Minister, Mduduzi Manana. CC Image courtesy of Agência Brasil Fotografias on Flickr.

For most of this month, South Africans have been consumed with the story of Manana, after a video was released on social media, showing him beating a young woman as the men around him watched this. He later, in an audio clip, admits he slapped this woman. The media feasts on this story and it makes headlines everywhere.

And then came the grand moment when the ANC Women’s League had the stage to condemn this violence and represent the voice of all women in the country.

And all I can do is sigh as I write this…..

Questions are posed to the ANCWL President,  Bathabile Dlamini, on the Manana incident. An audio interview with the Sunday Times newspaper is published. This is what she says:

“Don’t start from him. If we want to say everyone who occupies a senior position in government we must know his track record because there are people who are worse than him….”

So this makes his actions okay then, because it’s just assault?

“As ANCWL it is our role to fight about issues of gender based violence. I don’t want to be part of those games of saying whether he should resign or not. In other parties there is sexual harassment and it is not treated the way it is treated in the ANC. I refuse that this issue be made a political tool. It is not a political tool….For now we have been saying Umuntu is innocent until proven guilty…”

Dlamini refuses to take a stand on the issue. She has disappointed thousands of South African women yet again. Many of us begin to have flash backs of the Jacob Zuma rape trial and the manner in which Khwezi was vilified.

On the one hand we have Dlamini saying she will not be dragged into this case which directly involves violence against women. On the other hand, you have her preaching that South Africa is ready for a female president as she announces that Nkosazana Dlamini- Zuma will be one of the candidates running for the ANC presidency.

In an address where she announced  Dlamini -Zuma as the candidate backed by ANCWL, she says, “We need to be very vigilant…If people respect us, they must stop doing clandestine things during our month. Every year in parliament, we discuss women’s issues during this month….South African is a patriarchal country even the storyline is meant to use us as weapons or objects.”

Now let’s get back to Manana, who resigns from government.

In his carefully crafted PR statement, he apologises for his actions. “There is no excuse in the world that can justify what I have done and as much as I am utterly and completely shameful of the act, it’s not even about me,” he says.

But Manana’s resignation brings no justice for the woman who was slapped or for South African women who are constantly fighting against violence. It is merely an act, which was as a result of mounting public pressure and because of the impact it would have on the ruling party. Ultimately it was about saving face in a country where politics always takes precedence.

For me it’s just another reminder of how little we value women and their rights in our country. There is no political accountability for the actions of elected officials, from Bathabile Dlamini to Mduduzi Manana and many others.

Something else that gives me sleepless nights is the tendency of political heads to show more concern in Women’s Month. Why is it that if something is committed in this month it is made out to be ten times worse? Beating a woman is a horrific and an unjustifiable crime, whether it happens in January or in August. It shouldn’t be happening. Nor should we leave issues of women to be discussed in this month only.

What was once a month of celebrating women, is now a month for opportunists to express outcry and outrage.

I am glad it’s almost over. Because the truth is that once the month is over people go about and continue to violate the rights of women.

 

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TheJusticeLady

TheJusticeLady is a writer who wants to give a voice to the voiceless. She is an advocate for the rights of rape survivors. She keeps a close eye on the courts, the media and the role they play in shaping the manner in which society sees rape.