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

A Letter to the President 2.0

Dear President Cyril Ramaphosa,

You have failed South African women.

Let me refresh your memory for the reasons why appointing Bathabile Dlamini to represent women is a slap in the face.

As president of the ANC Womens Legaue, Dlamini is no stranger to the struggles facing South African women. Let’s take the scourge of gender based violence, well of course she is familiar with those incidents. It happens often with people in her party and she justifies it.

All we need is a flash back to last year when, former Deputy Minister of higher education, Mduduzi Manana was caught on camera assaulting a women. The honourable Dlamini’s response, “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….”

Dlamini does not believe in empowering or supporting women. Why do I say this you ask? During the run up to the ANC presidential election, a number of female candidates emerged as nominees, including Nkhosizana- Dlamini Zuma, Lindiwe Sisulu and Baleka Mbete. Yet, Dlamini and her Womens League only endorsed Dlamini- Zuma for the Presidency, leaving the other candidates out in the cold. This despite expressing in public that she is in support of women’s emancipation? Guess the minister lied, again.

She also believes that she is first and foremost a cadre of the ANC before she is a woman, representing the Womens League. She has made this point crystal clear numerous times in media interviews and recently during the ANC NEC.

“We have to express our disappointment as members of the ANC because we are members of the ANC before we are members of the ANCWL. The Womens League is at the centre of bringing hope to the women of South Africa and we think that we are able to drive the struggle for women’s emancipation. We also want to take this opportunity and say we fought a good fight and the struggle for the emancipation for women must continue,” Dlamini said.

In other words, Dlamini believes, at all times the ANC comes first, while the needs or concerns of women, take a back seat.

One other thing, burnt into our memory is when Dlamini shunned protesters at the #RememberKhwezi silent demonstration in 2016. This sought to remind our then President Jacob Zuma that we remember Fezekile Kuzwayo, the women he was accused of raping and other survivors.

Dlamini blamed the EFF for the demonstration. She said: “We are not going to allow reactionaries and tyranists who are supported by clandestine forces, who pay them for any action to embarrass our growing democracy and the ruling party.”

“It was clearly choreographed and the way they handled the whole thing is not professional. They were supposed to ask the president to deal with the issue and apologise and then ask him to continue. We are trivialising the issues of gender-based violence. It [the protest] was about the president of the country. The president went to court,” she said.

Mr President, South African woman have barely recovered from being governed by President Jacob Zuma. A man who was accused of raping the daughter of a childhood friend, while his party vilified the woman who was brave enough to speak out. Through all of this he continued to climb his way to the top while her life was destroyed.

We cannot tolerate a woman who has a proven track record of leaving women in the lurch.

Let’s take a moment to yet again mourn the disregard for women’s rights and welcome the new minister of Women in the presidency, Bathabile Dlamini.

Yours sincerely,

The Justice Lady

 

Screen Shot 2017-06-19 at 1.30.56 PMThe Justice Lady 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.

A Letter to the President

President Cyril Ramaphosa
The Presidency of South Africa

Dear Sir,

RE: RESPONSE TO THE APPOINTMENT OF MINISTER BATHABILE DLAMINI AS MINISTER FOR WOMEN IN THE PRESIDENCY

Firstly, we congratulate you on your appointment as the President of the ANC and President of the Republic of South Africa. We have noted with much interest the presentation of your State of the Nation Address and welcome the commitment you made to address corruption, in particular, for taking seriously the former Public Protector’s State Capture report, including considering engaging civil society through coordinated seminars and meetings.

The Shukumisa Coalition, the Human Rights Institute of South Africa (HURISA), the Rape Survivors’ Justice Campaign (RSJC) and the Tshwaranang Legal Advocacy Centre (TLAC) are institutions that work hard to ensure that social justice and human rights are a reality for all people in South Africa. In particular, we work to ensure that women’s right to live free from violence, particularly sexual violence, is enjoyed by all people living in South Africa.

We hereby express our disappointment and concern at your appointment of Mrs Bathabile Dlamini as the Minster for Women in the Presidency.

Minister Dlamini is currently fighting a constitutional court order that seeks to hold her personally liable for costs related to the failure of the South African Social Service Agency (SASSA) to deliver social grants using a corruption free payment process. Since women are the main recipients of social grants in order to care for their children, as a result of this failure the poorest and most vulnerable are at risk. Her refusal to accept advice or obey court orders against the Department of Social Development show a lack of accountability that we believe she would take with into her new appointment. For this reason we believe that her appointment shows that you do not place value on holding your cabinet ministers accountable for their poor performance and that you do not value the role of women in society.

The Department of Women has a very important role to play in the Integrated Programme of Action to Address Violence Against Women and it is evident from her track record at the Department of Social Development that Minister Dlamini’s performance was not sufficient to ensure that this Action Plan was in fact implemented within the proposed time frame. She also did not consult with civil society. We believe that Mrs Dlamini’s appointment as Minister for Women in the Presidency will undo all the efforts made to address gender stereotypes and gender based violence, and that our government will not take sexual offences seriously going forward. This is despite you, Mr President, stating that violence against women is an epidemic.

We believe that the person mandated with leading the Department of Women needs to be an exemplary and visionary leader, and a gender rights activist who is open to working collaboratively and hearing the voices of many different stakeholders. She must stand firm in being accountable to those she claims to represent. The Minister for Women must have a solid grounding in issues pertaining to violence against women and must conduct herself in a manner that does not rationalise or exacerbate violence against women. There is no room for error in this regard.

In light of the above serious concern that the Presidency is very aware of we request that you reappoint a capable and qualified Minister to take the responsibilities of this office seriously in the best interest of the women, children and vulnerable groups as you commit to rebuilding the country and restoring the human dignity of people, which we believe you are capable of doing.

We look forward to your favourable response. In addition, we will also avail ourselves should you require more clarity or further details concerning issues we raised in this letter.

Yours sincerely,

The Shukumisa Coalition
The Human Rights Institute of South Africa (HURISA)
The Rape Survivors’ Justice Campaign (RSJC)
The Tshwaranang Legal Advocacy Centre (TLAC)

To get in touch with us, please contact the Shukumisa Coordinator, Aniela Batschari:
Tel. 021-447 1467
Cell. 082-546 4261
Email. shukumisacampaign@gmail.com

logos

Let’s start a chain reaction on International Women’s Day

Rape survivors need a particular kind of support after someone has raped them. They are traumatised, they need medical attention and they want to know they won’t be harmed again. To help Rape Crisis deliver a service that offers counselling, support and advice at exactly the moment when survivors need it most we need you to act.

You can act now to make sure this service continues. You can get others to join you. I did. All it takes is one small act to start a chain reaction. I started donating R100 a month to Rape Crisis and I asked a friend to do the same. Then I asked her whether she thought she could get just one other person to do the same and she said, “Of course!”

28472257_1290111517755049_176549005028139255_n

I’m asking you to do the same. If one thousand people donate R100 a month we can keep this service going and continue to give rape survivors access to exactly what they need no matter where they are on the road to recovery and justice. If you donate and get just one more person to donate and they pass it on and on then I believe we can reach that target.

Thursday 8 March is International Women’s Day and this year the United Nations’ hashtag for the campaign is #TheTimeIsNow. It could not be more apt.

https://rapecrisis.org.za/impact/ 

23622383_1204116809687854_4631260901422809178_n