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

Advertisements

On #MeToo

By Sam Waterhouse

We are posting with different private meanings and experiences behind that phrase. Many of us are talking about rape, assault, and abuse as well as ‘harassment’. We are talking about sexual violence. We are publicly exposing something deeply personal, for some of us we know we are also being political, and in the posting we are being more socially connected about experiences that we mostly share in smaller spaces. If we share it at all. There is, even for me, some discomfort in the choice to #MeToo, I hesitated and waited – for what purpose? Am I going to hang this out on the line to be minimised, looked over, celebrated, commiserated, diminished, pitied? My personal and social meanings collide in the choice.

And then I saw women I perceive as powerful, who I respect and aspire to posting and I was enabled. #MeToo

I’m interested in seeing who posts and who doesn’t. I’m interested in who doesn’t because my Facebook is not only linked to feminists, to women who are alive to the scaffolding that holds sexual violence up and seek to name it, dismantle it and build networks of compassion and power. My Facebook people are also girls, women and men who live in other ways and who have lived sexual violence. Many of these are not participating in this public way. May you continue to do what keeps you safe, may some of you be emboldened, may you choose what’s best for you.

I’m interested in who reacts. On mine so far all women. On some other posts I see the smattering of woke men who perhaps understand better or who feel they have permission to react. So this seems to me to be another exercise of women speaking to women about something that men and our society creates. And I pragmatically see the value of women talking to women. There is power there. But I get pissed off because we are not posting this only for other women. Angry because I think most men are turning away from this pervasive reality and then also considering (generously?) maybe they don’t know if they can react or how to.

I’m interested in how I’ve reacted to posts and how I’ve felt about the reactions to mine. Depending on the content and my closeness to the person who posts I react differently. I do this because experiences of sexual violence do not invoke one set of static feelings. We have different meanings at different times. I think for many of us posting we have built strength around the experiences. For me the sad face is uncomfortable I don’t want people to be sad for me. I am not sad now. I didn’t post in sorrow. I posted with heart and with defiance. But I also know the sorrow and the loss and the sense of weakness and I know that for some you are posting – or not posting – with those feelings closer to the surface.

May we have these conversations more openly after this flash of activity.

 

better-place-400x465
Sam Waterhouse works at the University of the Western Cape’s Dullah Omar Institute. She was a counselling volunteer at Rape Crisis in the mid 1990s and went on to run our court support project as an advocacy coordinator before continuing as an actvist against violence against women in a broad range of spaces including Facebook, where she originally posted this piece.