Sorry, we have no space for rape apologists.

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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.

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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:

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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.

 

Progress at the Khayelitsha court

The Rape Survivors’ Justice Campaign has been working for almost two years advocating for the establishment of a sexual offences court at the Khayelitsha court. While the advocacy and engagement process is never easy we feel we have made some steady progress in working towards this goal. As we plan our next protest to advocate for sexual offences courts during the 16 Days of Activism campaign we thought we would reflect on just how far we have come since we started this project in 2016.

Early on in the Rape Survivors’ Justice Campaign we, together with community members, expressed support for the establishment of a sexual offences court in Khayelitsha. During the 16 Days of Activism against Gender-based Violence in December 2016 we gathered as a community in front of the Khayelitsha court to demand a dedicated sexual offences court be built. At the end of our protest during 16 Days of Activism, we handed over a memorandum to this effect to the Department of Justice.

The current court supporter office is a container, which is located outside of the Khayelitsha court fence.

 

 

 

 

 

 

 

 

 

In 2017 the situation at the Khayelitsha court did not change and we realised that we were going to have to gather there again to voice our demands for a sexual offences court. During the course of 2017 we lobbied the Deputy Minister of Justice to accept our memorandum at our gathering in December 2017. Upon receipt of the memorandum, the Deputy Minister expressed his intention to seriously explore the possibilities of establishing a sexual offences court in Khayelitsha.

As a result of our demands the Deputy Minister asked that the Gender Health and Justice Research Unit (GHJRU) include Khayelitsha in their study on improved case outcomes in sexual offences. We offered to assist with this, specifically focusing on the fieldwork at Khayelitsha taking place in January 2018. We also placed the issue of the office space currently occupied by our court supporter on the forefront of the agenda as something that should be addressed.

During our fieldwork, we reviewed more than 100 sexual offence court dockets. The outcome of this will be covered in a report that will be released by the GHJRU.

The Deputy Minister of Justice visited the Khayelitsha court again during February 2018, with the specific aim of improving the infrastructure of the courtroom and surrounding facilities that are used to hear sexual offences cases.

We enlisted the help of architect Tiffany Melles, from Michelle Sandilands Architects, who agreed to work pro-bono to design the improvements for the court. We then drafted a report and sent it to the Regional Head of the Department of Justice setting out the background, problem statement and recommendations. Our advocacy coordinator, court support coordinator, architect, Khayelitsha Court Manager, Area Court Manager and Senior Public Prosecutor at Khayelitsha met on 11 May 2018, so that we could discuss the plans and draft the report with them. They were very enthusiastic about the proposed changes. Following this meeting the plans and report were sent to the Regional Head and Deputy Minister.

This is the courtyard of the Khayelitsha court where we propose two new units for the sexual offences court supporters should be placed.

 

 

 

 

 

 

 

 

 

 

As we await the plans to be approved and implemented, the Department of Justice has prepared an interim office for the court supporter by partitioning a section of the intermediary room. This was done for safety purposes as the previous court supporter room was outside of the court security fence.

Our court support coordinator and advocacy coordinator have met with the Regional Head (Hishaam Mohamed) and two of his staff who work on court facilities. We convinced them that the mobile units together with the minor capital works proposed in our report and plans will, in fact, provide them with a long-term solution. Once the Regional Head and his team understood the logic of the plans, they seemed enthusiastic about our plans for the court. We want this court model to be the pilot for the country of the use of mobile units. As we stand now the Department is in the process of getting quotes for the ‘building’ works and we are in the process of getting quotes for the mobile units.

We are so pleased to have had such positive engagement with stakeholders as this project has progressed and look forward to working with the Department of Justice to make our vision for this court a reality.

Download our report: Report on Recommended Changes to Khayelitsha Court Supporter Office. 

Take a look at our proposed plans for the Khayelitsha sexual offences court here: RSJC Khayelitsha Sexual Offences Court plans.

 

The real numbers on sexual offences

In South Africa less than 1% of sexual offences result in justice for the victims of these crimes. The estimated number of sexual offences in South Africa is 645 580 each year and only one in 13 of these sexual offences are reported to the police. In other words, only 7,7% of sexual offences that take place are reported to police while 92,3% are unreported.

In 2017, 49 660 sexual offences were reported to the police and of these only 6 868 were prosecuted. So only 13,8% of cases that are reported are taken to court. (For more details on why this is the case read our article.)

Of the 6 868 cases that were prosecuted, 5 001 cases resulted in convictions.

5 001 convictions for 645 580 sexual offences crimes means that the actual percentage of sexual offence crimes that are convicted is 0,77%. We want this to change. That is why we are fighting for sexual offences courts

Statistics breakdown:

Estimated sexual offences in South Africa each year: 645 580

Number of reported sexual offences in South Africa per year (2017): 49 660

Number of sexual offence cases that were prosecuted in South Africa in one year: 6 868

Number of sexual offence cases that resulted in convictions: 5 001

Actual percentage of sexual offence crimes that are convicted: 0,77%

Resources: National Prosecuting Authority 2018/19 Annual Performance Plan: https://pmg.org.za/committee-meeting/26249/ Crime Stats SA: https://www.crimestatssa.com/national.php

The War at Home – Gender Based Violence Indicators Project, 1 November 2012: http://genderlinks.org.za/programme-web-menu/publications/the-war-at-home-gbv-indicators-project-2011-08-16/

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