Sorry, we have no space for rape apologists.

Featured

In October 2017 South African Kwaito star Sipho ‘Brickz’ Ndlovu strolled into the Roodepoort Magistrate’s Court wearing grey pants, a white shirt and a blue jersey. While his attire proved fairly neutral, his choice of accessory did not. Brickz completed his look with a heartless smile.

Smiles are not gestures usually frowned upon, but in this case, the amused expression was severely uncalled for, Brickz was facing a conviction of raping a 17-year old relative in 2013.

The archaic and far too simplistic excuse for rape dates back to 1886 – and that is that men rape women because of sexual deprivation therefore causing them to lose control of their urges in the presence of an unguarded woman. Psychologist Richard von Krafft-Ebbing wrote about this myth in his book Psychopathia Sexualis. He further writes that rapists suffer from a mental weakness that allow sexual urges to escape control. This is commonly now known as the hydraulic theory – The pressure of wanting to have sex is too much, and men are too weak, therefore a horrific crime manifests as a result.

Over a century later, the same theory persisted. In fact, the simplicity worsened. Alfred Kinsey, for example, the famed sexologist who founded the Institute for Research in Sex, Gender and Reproduction, dismissed the issue altogether saying that most rapes were false accusations and saying they caused no real hardship anyway.

Fast forward a few years later and as a result of the landslide of rape myths and falsified rape theories which are products of a patriarchal society we find ourselves, still, battling with what we now call rape apologists who still problematically exist in numbers in spite of the significant amount of scientific and psychological study, educational research and feminist theory.

Rape apologists argue that women ask for it, boys will be boys and most of all, women dramatise the act of non-consensual sex for attention, or simply that it never happened. Rape apologists are the men who are most likely to ask for “proof that it happened”, question “what she was wearing” or “what did she do to deserve it”, or smile in court denying that it happened all together, as in the case of Brickz.

Here’s what we know about the victim – she was under the legal age of consent at the time and a virgin, she was the musician’s cousin and she suffered severe bleeding as a result of the rape. We also know she had been infected with an STD and was struggling with depression after the heinous act saying that she wanted to kill herself. We also know Brickz, who told her to take a shower and never tell anyone what had happened, if she did, he would kill her. Then the focus moves back to Brickz, smiling in court, with no remorse, no empathy and an unhealthy degree of deniability.

The rape apologist pandemic is not one particular to South Africa. But in a country fraught with rape, where men should be at the forefront of recalling rape culture instead of perpetuating it, this is the last thing we need.

It is estimated that over 40% of South African women will be raped in their lifetime and that only one in 13 rapes are reported, while only 14% of perpetrators are convicted.

Get involved with RSJC

In 2017/18 the police reported a record number of rapes at 40,035 for the year with 110 occurring daily but more than that, the Institute of Security Studies reports that the extent of the crime cannot accurately be estimated because there is no way of knowing how many women refrain from reporting the crime.

The survivors of rape are the forgotten and invisible demographic of our country. They silently exist on the dark fringes of society afraid of castigation, further punishment and judgment. Rape crimes will remain under reported as long as rape culture supports the perpetrator instead of the victim. Rape culture will continue to persist and pillage as long as it requires men to admit they’re guilty and for the public to believe instead of trusting the testimony of women. As long as this trend exists, rape apologists will continue to hold forth in a society already heavily burdened with the power of patriarchy and male privilege. We will continue to be burdened with men who can do what they want because they operate in an economy that disregards the autonomy of survivors and instead institutionalises the protection of male sexual entitlement.

A year after his conviction, another celebrity, DJ Cleo, visited Brickz in prison – he is serving a 15 -year sentence. In spite of being found guilty, in spite of raping what was effectively a child and more so, in spite of showing no remorse and no empathy. The DJ tweeted an image of their reunion and captioned said image with: “We all run our own races, he fell along the way… but the race is not over.”

It shouldn’t need saying, but it does: sexual offences against women is not a race to be run and rape is absolutely not a stumbling block along the way, but here we are – in a society where men, with platforms and larger than life audiences, come to the defence of other convicted rapists with watered down motivations of an incredibly serious national crisis.

Author: Haji Mohamed Dawjee

Haji Mohamed Dawjee is a South African columnist, disruptor of the peace and the author of ‘Sorry, Not Sorry: Experiences of a brown woman in a white South Africa’. Follow her on Twitter and Instagram: @sage_of_absurd

We have created a Rape Survivors Toolkit for survivors friends, family & colleagues:

Advertisements

Section 55 What??

By Kathleen Dey

I am having such a bad attack of FOMO right now. Today a National Forum on the Implementation of the Sexual Offences Act concludes its deliberations in Johannesburg and while activists from all over the sector are there I am not. And they are all being very quiet about the content of their discussions, out of respect for our colleagues in government and the spirit of the dialogue.

This National Forum is convened by the Department of Justice with the backing of the Deputy Minister John Jeffery and organised by a steering committee that included members of the Shukumisa Coalition representing civil society. What makes this gathering unique is that the 250 delegates include not only members of civil society organisations, government departments and state services providers such as the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) but also members of the judiciary. Since magistrates play a critical role in the adjudication of sexual offences cases and are often not represented in these kinds of discussion this is a huge bonus. My Fear of Missing Out grows as I write.

Yesterday’s programme included the presentation of critical research by research institutes such as the South African Medical Research Council’s recently released report entitled Rape Justice in South Africa. The combined presentations pointed to current problem areas within the areas of reporting, investigation, medicolegal services, support to survivors, prosecution and adjudication of sexual offences cases. There was, unusually, no question time or commentary in this plenary. This was followed by breakaway sessions where government officials and state service providers were given opportunities to provide further information on these problem areas in a more in depth fashion. The overall approach of the ensuing discussion was designed to be solution focused, with civil society organisation offering constructive criticism and recommending solutions designed to benefit all stakeholders.

The current political and economic situation in South Africa is so severe that we believe that we are unlikely to see the kind of resource mobilisation we would like to see in support of improved implementation of the Sexual Offences Act. In fact over the past decade we have seen a significant reversal in the gains that were made prior to that in putting infrastructure, personnel, training and services in place. There has been a marked decline rather than the consistent improvement reported by government. Sexism, racism and attitudes that lead to secondary victimisation of complainants continues to be a problem.

Statistics and reporting are unclear and inconsistent, which makes it very difficult to monitor progress towards set goals. In fact our current crime statistics give a false impression of excellence, showing a decrease in incidents when this is not the case. Strategies based on these misleading findings are in danger of failing as they are not based on an accurate analysis of the situation.

Performance indicators for officials within the criminal justice system are not successfully promoting good performance neither are they entirely useful as mechanisms for holding individuals or departments accountable. Some provide a perverse incentive in that they encourage poor performance when for example members of the SAPS are measured by the decrease in reported rape statistics when in fact they should be encouraging reporting. Management structures are weak and leadership is lacking. These factors combine to make oversight very difficult.

These flaws can be seen in the roll out of the promised sexual offences courts, an issue right at the top of the agenda of the Rape Survivors’ Justice Campaign. There are sexual offences courts where there is specialised infrastructure in place but not enough skilled and experienced personnel and no services, sometimes meaning that there is a lack of psychosocial care for survivors. Section 55A of the Judicial Matters Amendment Bill, which would allow for the Minister of Justice to establish these courts and set certain criteria for these courts has not yet been operationalised even though the president has signed this new law. There are no minimum standards for sexual offences courts and no sexual offences court regulations in place as yet.

A focus on the sexual offences court roll out may help government to tackle problems with courts as well as police and forensic investigations since the idea that specialist personnel would work together could best be promoted with these courts as “centres of excellence” linked to surrounding Thuthuzela Care Centres, forensic units and Family violence, Child abuse and Sexual offences (FCS) Units. We should therefore focus on the following suggestions for government role players at the upcoming national forum:

1. Section 55A of the Judicial Matters Amendment Bill must be operationalised as soon as possible.

2. Civil society organisations need to be given a chance to give input into the minimum standards on sexual offences courts as well as the regulations.

In addition to this we need to recommend that:

1. The functioning of the relevant departments and service providers within the criminal justice system be evaluated by the Department of Planning, Monitoring and Evaluation (DPME) in order to develop an improvement plan that will give rise to revised performance indicators.

2. Clear, consistent, disaggregated, integrated statistics are collected, collated and shared.

In the meantime, in the absence of improved performance indicators, we need to see competent officials concentrated within centres of excellence so that infrastructure, personnel and services can come together as they should. Let us hope that this incredible National Forum meeting will deliver at least some hope that these suggestions will be taken up and driven forward with the commitment they deserve.

 

img_0625_1

 

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