What is Rape?

Rape is a violent crime in which a person uses sexual acts to intentionally harm and hurt another. We cannot talk about rape in polite terms or hide the truth about it. Rape is an abuse of power and an abuse of sex.

It is important for rape survivors to understand the exact meaning of the laws on rape for two reasons:

  • Firstly, a rape survivor needs enough information about the law to know whether her case has a chance of succeeding or not.
  • Secondly, the survivor needs to know exactly what is expected of them to prove that the rapist is guilty in the eyes of the law.

The Criminal Law (Sexual Offences and Related Matters) Amendment Act (Act 32 of 2007) has been in effect in South Africa since 16 December 2007. This law states that it is a crime to intentionally commit a sexual act against another person without that person’s consent.

The formal definition of rape currently [2018] used in our legal system is:

Any person who unlawfully and intentionally commits an act of sexual penetration with a complainant, without the consent of the complainant, is guilty of the offence of rape.

From the point of view of the law as well as from a medical perspective there are certain things that are necessary to do in the moments right after a rape. These moments are also important for the rape survivor’s emotional recovery from rape.

What to do if someone has raped you?

  • There are medicines you need to take (to prevent pregnancy or infection) that only work within 72 hours (three days) after the event.
  • Getting support immediately after the rape from someone that can help you, also helps you to recover emotionally. This support could be from someone close to you or from a professional service provider such as a nurse, a doctor or a trained rape counsellor.
  • If you are forced to make tough decisions in a hurry, while you are feeling shocked and abused, it helps to get good information, practical help and strong emotional support.
  • Deciding what to do about what has just happened to you as a victim of a violent crime can be extremely difficult if you are in shock or feeling bad.

The sooner you can get to a police station or a hospital the better, because:

  • the criminal has less chance to escape.
  • you may be able to remember more about the rape right afterwards.

there is physical or DNA evidence on your body that links the rapist to the crime, and this evidence fades within 72 hours (three days) after the event.

There is no time limit on reporting rape or laying a charge. However, the sooner this is done, the easier it is to get the medical and physical evidence needed for the court case. Delays in reporting may not be used against you in court, but forensic evidence (physical evidence such as semen and hairs left on your body after the rape) will be lost after 72 hours.

  1. Go to the police station nearest to where the rape took place. No survivor may be turned away simply because the rape took place a long time ago or was committed in the station area of another police station.
  2. A brief statement should be taken first and translated into your own language. If you are not in a state to have a full statement taken, the investigating officer will make an appointment with you for the following day or within 36 hours.
  3. You can ask to be seen in a private room at the police station and to give your statement to a female police officer.
  4. You have a right to be treated with respect for your dignity and to complain if this does not happen.

Straight after the rape

  1. Go to a safe place.

Do this as soon as possible.

  1. Tell the first person you see and trust about what has happened.

The first person you tell about the rape will sometimes be asked to go to court to support your story – this person is called the first contact witness. If this person is a stranger, write down his or her name, telephone number and address. This is important if you decide to report the rape, as the police will need to find that person and talk them.

  1. Go straight to a hospital or to a doctor to get the necessary medication.
  2. Get HIV treatment.

If you are not HIV positive and you fear that you have been exposed to HIV, you need to receive medical attention within 72 hours (three days) of exposure. Some studies show that you are better protected if you receive medicine to prevent HIV infection within 6-8 hours of exposure, so the sooner you receive medical attention, the better. If you are HIV negative, the hospital or clinic will give you antiretroviral drugs (ARVs) to prevent HIV infection. The ARVs form part of a group of medicines called post-exposure prophylaxis (PEP). PEP consists of ARVs, emergency contraception to prevent pregnancy and antibiotics to prevent certain other diseases.

  1. You can still receive medical treatment even if you decide not to lay a charge.

Go to your doctor, or a government hospital or clinic. Say that you have been raped and that you want treatment. The doctor or nurse will ask your permission to do an HIV test. This is to find out whether you are HIV negative so that you can receive ARVs. It is very important that you take the entire 28-day course of medication. The medication might lead to unpleasant side effects, but don’t stop taking the medication. You should also think about having another HIV test after three months, as the HI virus can take three months to show up. The rapist might also have given you a sexually transmitted infection (STI). The doctor should put you on a course of antibiotics to prevent this. If you have any discomfort, itching or discharge after the rape, return to your doctor and ask for antibiotics to treat an STI.

  1. Ask for emergency contraception (the morning-after pill) to stop you from getting pregnant if you are not using any prevention methods. This medicine has to be taken within 72 hours (three days) of the rape. The pills might make you feel sick, and you will start to bleed. This bleeding is like a normal period.
  2. If you do fall pregnant from the rape you can choose to have an abortion, or termination of pregnancy (TOP), from a government hospital or clinic. District clinics will perform abortions up to 12 weeks into the pregnancy. Major hospitals and some private clinics will perform abortions up to 20 weeks.
  3. If you need time off work or school to recover or to deal with trauma and side effects from medication, ask your doctor to give you a medical certificate.
  4. Decide whether you want to report the rape to the police. You may not feel like making this decision so soon after being raped.

The police can be called to the hospital if you want to report what has happened to you. The police can also take you to a hospital if you are hurt, or they can call for an ambulance.

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 doctor can gather physical evidence for if you decide to lay a charge later. Physical evidence such as the rapist’s blood, semen or hair will be lost if you don’t have the forensic examination done as soon as possible after the rape. You will be examined by a clinical forensic practitioner, which is a nurse or doctor who has been specially trained to gather evidence of crimes and offer medical treatment. The examination may take a long time, and you might want someone you trust to be with you.

Talk to us

Need to talk? Call our 24-7 Helpline if you are a survivor of sexual violence or a loved one looking for ways to support a survivor.

HELPLINE: 021 447 9762

Download this information booklet: What is Rape?

Find out more on our website: https://rapecrisis.org.za/

Important Terms:

HIV: Human Immunodeficiency Virus –  a virus that attacks the immune system and causes AIDS.

AIDS: Acquired Immune Deficiency Syndrome – a disease that weakens the body’s immune system.

HIV negative: not having the virus that causes AIDS.

HIV positive: having the virus that causes AIDS.

Antiretroviral drugs (ARVs): medication that helps prevent HIV infection after you’ve been exposed to the virus.

Post-exposure prophylaxis (PEP): a group of medications given to rape survivors, including ARVs to prevent HIV infection, emergency contraception to prevent pregnancy, and antibiotics.

Emergency contraception: the ‘morning-after pill’ –  a pill taken within 72 hours (three days) of sexual intercourse, to prevent pregnancy.

STI: Sexually Transmitted Infection also known as an STD, Sexually Transmitted Disease.

TOP: Termination of pregnancy.

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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.

#MenAreTrash

When I first became aware of the #MenAreTrash hashtag it was never a stand-alone thing. The hashtag always preceded or followed a story, in less than 140 characters on Twitter, about why men are trash. Every reason for using the hashtag was real. Horrific stories of rape and abuse shared the hashtag with downright rude stories about men dissing women and girls for how they looked, dressed, spoke. One tweeter used #MenAreTrash to describe the total stranger who flooded her with unsolicited dick pics. Another posted a picture of her black eye. There was the one who addressed her harasser personally, and another who posted a thread of daily incidents of harassment she had experienced since puberty. It was a long list. Sometimes #MenAreTrash was the single word answer to a tweet that was sexist or inappropriate or ugly towards women.

When I first encountered the hashtag I had no idea how it was going to be taken up, or how much it would trend. But, more importantly, I had no idea how fierce male resistance to it would be.

Close friends of mine took the hashtag personally. Sane men, who understand white privilege and systemic racism; men who have spoken out in defence of #BlackLivesMatter and who took pains to explain the wrongness of the #AllLivesMatter backlash, struggled with #MenAreTrash. They couldn’t help themselves. They took it personally. I was shocked. I was forced to explain #MenAreTrash more than once to those who were hurt by the hashtag and the message behind it.

This is how I explained it. If you are white and you have been working to understand racism and privilege and you see #WhitesAreRacist you should, after a moment to digest the usual default knee-jerk response, be able to walk on by, acknowledging that for the most part it is true, but that you don’t have to take it personally. Same thing for #MenAreTrash. If you are a man who works hard to break down the gender stereotypes, who has a clear conscience regarding the objectification of women, and a man who keeps standing up and calling out men who behave inappropriately towards women, then you should be able to walk on by, acknowledging that men are trash does not mean you.

Unfortunately, men have been outraged by #MenAreTrash. A lot more outraged by far by that hashtag then by the reasons behind it. Hysterical, loud and vitriolic responses have included trolling, threatening and even physically harming women for using the hashtag. See the irony there?

And it is a never-ending cycle.

Here is my advice to men. Keep quiet for a moment and listen. Hear what is being said. And hear why it is being said. Hold off on your outrage for a little bit, and then see if you can redirect it. We need you to be outraged. We need you to be outraged by what is being done to us, by men. We need you to help us fight this fight. We need you men to move yourselves away from the denial, the whining voice of the hard done by and misinterpreted, and to get over yourselves for long enough to identify what the problem is, and to hear why #MenAreTrash is a rallying cry.

Show us it isn’t so.

Megan Furniss

Megan Furniss is a South African born playwright, actor, writer, director, blogger and improviser. She likes to find spaces to let her big mouth and big opinions be heard and seen. She lives and works in Cape Town. It’s a love hate relationship.

After the Worst has Happened

It is the end of my Honours year. I am at a party to celebrate. I am shivering, despite the warm evening as I stand with a group of my classmates on the patio. We are anxiously waiting to hear if the two girls who left the party to go for a walk and did not return, have been found. Someone comes running towards us out of the darkness. He takes a breath, “the worst has happened”, a pause… “they have been raped”.

I have thought of those words many times in the last five years. I have been recalled to them again in the past few weeks as another spate of highly publicised rapes (and murders) infiltrate my consciousness:

RAPE IS THE WORST THING THAT CAN HAPPEN TO A WOMXN

I hear this message echoed in the words of Judge Kgomo as he hands down sentencing to serial rapist Christian Cornelius Julies in the North West. “It is unquestionable that if he was not stopped in his tracks, belatedly though, the devastation of girls and women’s lives would have continued”.

I hear it in the numerous posts on Facebook that recur on my news feed which proclaim that “my biggest fear is being raped”.

I am torn as I write this because it was my biggest fear -so much so that at the moment that I was being dragged into the bushes I thought to myself “oh god this – the worst thing – is finally happening to me”.  But what does it mean for me now? What can I do now that the worst has happened to me?

According to this narrative my life has been devastated, I have been violated in the most extreme way imaginable, I am worse than dead. I have struggled under the weight of this for 18 months now. I have tried to reconstitute myself amidst the constant echo that this is not actually possible – that I will never be whole and unbroken ever again.

I am not denying that being raped is terrifying and terrible. How could I deny this? It was terrifying and terrible – so terrifying and terrible that I left my body for a while and just hovered above myself, trying not to look down on what was happening.

BUT I am concerned about how the dominant narratives about sexual violence, including the one that being raped is the worst thing, impact on the ability to move beyond the terrifying and terribleness of rape.  How is it possible to heal when disclosing an experience of trauma is met with “Oh my goodness! That is my worst fear!”? How are those who have been violated supposed to heal when they are constantly reminded that they have been dehumanised in the most severe way?

I am not suggesting that we should not continue to call out the horror that is sexual violence. All instances of sexual violence are unacceptable and need to be plainly rendered as such.

But I am asking that we think more carefully about how we do this so that we do not reinscribe pain and horror on the bodies, psyches and souls of those around us.

Rebecca Helman 

Rebecca Helman is a PhD candidate at the University of South Africa (UNISA). Her PhD, entitled “post-rape subjectivities”, examines the ways in which rape survivors are able to (re)constitute their subjectivities amidst the discursive and material politics of sexual violence in the South African context. Rebecca is also a volunteer counsellor at Rape Crisis Cape Town Trust’s Observatory office.