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

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Sharing insight to develop better court models

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Spaces where researchers, activists and students can gather to share thoughts, ideas and dreams, are few and far between. That is why we were so grateful and excited when the University of Cape Town’s Centre for Law and Society offered to partner with us to host a panel discussion on developing court models in South Africa.

This discussion was designed to follow on from the National Forum on the Implementation of the Sexual Offences Act that was presented by the Department of Justice at the end of 2017 and where some of the research concerning sexual offences courts was first presented to the public. However, only a handful of representatives from the NGO sector could attend the DOJ’s forum and we were interested to hear the views of others in the field of sexual violence, colleagues who work in courts and fellow activists.

Our panel discussion on developing court models in South Africa took place on 26 April 2018 in Cape Town and we were joined by three panellists; Lisa Vetten, from the Wits City Institute, Dr Aisling Heath from the Gender, Health and Justice Research Unit at UCT, and Karen Hollely from the Child Witness Institute. Together they shared some of the key findings of their three separate research undertakings in the area of sexual offences in the court system. Their separate research studies looked at the experiences of victims of sexual violence in courts, the observation of court proceedings and the reviewing of court files. They not only shared their very interesting findings, but also their personal opinions of how this issue should be taken forward.

What made this event special is that it brought together groups from two worlds; those at the coal face working in courts, and those in front of the data and research analysing findings. In our experience it is felt that these two worlds don’t connect often enough and so the opportunities to bring these perspectives together to share insights and knowledge are always meaningful. Through the Court Support Project, Rape Crisis provides support services to survivors at five courts. This is an extremely an extremely important component of sexual offences courts. We believe that the very real experiences of our court supporters has the potential to add a depth and richness to the research done by these panellists. By the same stretch, their research helps to shed light on the systemic issues at play that influence the work that happens in courts.

The Rape Survivors’ Justice Campaign (RSJC) believes that specialised sexual offences courts are the key to restoring faith in the criminal justice system by decreasing the secondary victimisation of rape survivors, and in so doing increasing conviction rates for rape. Learning from the findings of skilled researchers in combination with our own experiences is immensely valuable. It influences our RSJC strategy and helps us work towards answering the question that is central to our campaign; what do sexual offences courts need in order to be successful in South Africa?

 

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

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.

Activist Training – Applications Now Open at Rape Crisis

The Rape Crisis Cape Town Trust has a 40 year history of training activists to bring about change in the way we deal with rape in our society. The need for radical change in our country is still as strong as ever but there is not a lot of training for individuals or groups on how to bring about this kind of deep sustainable transformation.

Over the years Rape Crisis has trained counsellors, community educators and activists from the communities we serve in the hope of leaving a legacy that strengthens and empowers the women of these communities to respond to rape and to stand up for their rights.

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The Rape Survivors’ Justice Campaign was launched in 2016. (Pic: Alexa Sedge)

Change at the community level is not enough. Rates of rape in South Africa are very high. We grew up with a culture of violence where violence was part and of everyday life. The system we grew up in is a system that allows violence to go on unchecked. In particular the criminal justice system, which does not recognise the needs to rape survivors in bringing rapists to justice. That is why Rape Crisis launched the Rape Survivors’ Justice Campaign in 2016 to persuade and pressurise government to roll out specialised sexual offences courts across South Africa. We believe that this will strengthen the criminal justice system as a way of addressing high rates of rape in our country.

Do you want to develop or strengthen your own political consciousness?  Do you want to make a difference beyond individual change? Become an activist by joining our training and becoming a volunteer for Rape Crisis.

We are about to embark on a new training programme for community activists who would like to build their organising skills and abilities. Our course deals with the political aspects of rape in South Africa and trains people to organise and lobby for change.

We are looking for a diverse group of participants so whether you come from the communities we serve and are based in or whether you live outside of these communities, we encourage you to apply. If you are actively involved, either in your own community or on social media, and you care about violence against women then this is course is for you. We are looking for people with a wide range of skills and abilities but if you think you have leadership skills and like to organise people and events then this will be an advantage. We are looking for volunteers who are reasonably literate and self-confident and who are critical thinkers. By the end of the course our advocacy volunteers should be able to engage with and persuade groups of people, be able to take initiative and plan well and be able to work in a team.

To get your application form and for more information, please contact our advocacy coordinator, Jeanne Bodenstein at jeanne@rapecrisis.org.za  or call her on 021 447 1467 from Monday – Friday between 9:30am and 4pm. Applications close on 19 May 2017.

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Campaign booklets. (Pic: Alexa Sedge)

The three month series of training workshops that make up the first part of the course will take place in Observatory during the day on a Tuesday, Wednesday and Thursday but starting and ending off on a Saturday, starting Saturday 27 May 2017. This will be followed by six months of practical on the job training. Although the training is not SAQA or SETA accredited at this stage, assessment takes place throughout the full process of the training course after which participants will be requested to complete a written examination before graduating.

Who should apply?

  • People 18 years and older
  • From the areas of Athlone, Khayelitsha and Cape Town
  • People who are currently unemployed, doing casual work or students;
  • People who are available to volunteer during the day.
  • Be able to speak English

Expectations of Volunteers:

We expect volunteers to be able to commit to a minimum of eight hours of your free time per month after the workshop series is over in order to participate in advocacy activities, and to attend focus group meetings and buddy group meetings once a month. Volunteers will also be invited to attend volunteer forum meetings and general meetings of the broader organisation four times a year in total.

Course fees:

The cost of the course is R4 000 with a non-refundable registration fee of R1 500. Payment options can be negotiated so the course fee should not be something that stops you from applying.

We look forward to hearing from you.