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

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.

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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.
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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.

Be a Proud Slacktivist this 16 Days

By Jeanne Bodenstein

Have you ever wanted to attend a demonstration from the comfort of your own home? To be an arm chair activist without shame? We have the answer to your wish.

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Sexual offences courts now! (Photo:Alexa Sedge)

The end of the year is marked by Christmas lights in our local shopping malls, year-end functions and the 16 Days of Activism to End Violence Against Women.  During the 16 Days of Activism, people from around the world find ways to actively express their discontent with the high rates of violence against women and sexual violence in particular. This is a chance for people to stand in solidarity with survivors of rape and other forms of sexual violence.

This year, the Rape Survivors’ Justice Campaign will use this opportunity to advocate for better support for survivors of rape and sexual violence in the courts. Specialised courts ensure that survivors are supported by specialised personnel, services and infrastructure with access to intermediaries and counselling support at moment of intense uncertainty and fear. Research has shown that this court model increases conviction rate in rape cases as well as reducing secondary trauma to survivors by making sure the support is there when needed most.

Our government has planned and budgeted for the rollout of these courtrooms. Our campaign intends to hold them accountable for doing so.

You can help us by supporting our actions during the 16 Days. We will host a community workshop to raise awareness and share information about these courts and about our campaign. This will be followed by a demonstration to demand a sexual offences courtroom to be established at Khayelitsha Regional Court.

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RSJC  will hand over a memorandum at Khayelitsha court. (Photo: Alexa Sedge)

We need your support.

You can get involved by donating to our campaign and with your contribution we will create placards to use at the public demonstration out side Khayelitsha Court with the following messages:

“Sexual offences courts now”

“We need the right criminal justice system”

“Access to justice”

“Support in every court”

“Better support for survivors”

“Justice for all rape survivors now!”

With your support we will also hand over this memorandum to the Deputy Minister of Justice and to the Khayelitsha Court manager to demand a sexual offences courtroom to serve the community of Khayelitsha.

If you would like to support us by joining us at the public demonstration, please like our Facebook page to be informed of the details of the event. Join us to demand better justice for all survivors.

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Jeanne Bodenstein is the coordinator of the Rape Survivors’ Justice Campaign.