What does 8,6% mean, asked gender-based violence expert and lead scientist at the SAMRC Professor Rachel Jewkes. “It means that out of every 100 cases reported to the police, 92 never result in the perpetrator being found guilty.” These stats cannot take into account the number of rapes that go unreported by women who fear intimidation by the perpetrator, stigmatisation in their communities, or aggression and apathy from the police themselves.
“Every assault is the basis of a separate criminal charge,” said Irene de Vos, a member of the Johannesburg Bar who has worked extensively on sexual violence cases. “It may be that procedurally the separate charges are heard together at a later stage, but the officers are under a duty to assist Jane, rather than dissuading her from asserting her rights.”
The patriarchy that exists within the legal system is captured in Redi Tlhabi’s recent book ‘Khwezi’ that looks at the life of Fezekile Ntsukela Kuzwayo, President Zuma’s rape accuser. Tlhabi illustrates the legal witchhunt that Khwezi was forced to endure in the trial, a clear moment when the use of the law was abused in order to vilify a victim through interrogating her and shaming her by parading her entire sexual history. The solidification this trial set for the victim blaming of rape survivors in South Africa, and its ripple effect into the police stations across our country, cannot be underestimated.
As Jewkes reflected, it is not the laws themselves that are falling short, but the implementation of them. “Our laws are some of the most sophisticated in the world, but they aren’t implemented in practice. ”For example, non-violent rape and coercion into sex is recognised by South African law as punishable. This challenges the misconception that rape always has to be violent. However, research has shown that there is an extreme disadvantage to women who report non-violent experience of rape. Usually, women are not believed and her access to justice becomes less and less tangible.
For Jewkes, interventions are needed. “We can’t endlessly research and measure when there isn’t any change. Police training is critically important. Half of the police on these cases are constables, the most junior rank who have the poorest access to resources. He/she gets the car after the higher ranks don’t want it. This means half of crime scenes are not visited but this is fundamental to getting evidence and, in turn, a conviction.”
Empty promises
After both women’s month and the 16 Days of Activism, it seems Minister Fikile Mbalula’s six point plan on how police are to tackle gender based violence is an empty promise for many survivors in similar positions to Jane.
Months of going between police stations and domestic violence courts, waiting on a backlogged system, temporary interdicts, postponed court cases, and her own protection order even being used against her has left Jane more than disillusioned with the law; she has now grown to fear it. “I have lost faith in the law,” admitted Jane. “I don’t even want to go to a police station anymore.”
Jane has since been visited by the police officers at her home, with her husband in tow, to convince her to let him see his children. Apparently they are social workers too when they are not carrying out warrants for arrests.
Sergeant Sam Shibambo, the Victim Empowerment Coordinator at Eersterus police station, has encouraged Jane to launch a formal complaint to the station commander so that the matter can be investigated. The fear Jane faces in doing this is understandable.
Despite this, Jane and many others continue to fight within a system that, if critiqued, reassessed and used correctly, has the potential to protect both her and her children. – Health-e News.
*Jane’s real name has been hidden to protect her identity.
An edited version of this story was first published by the Daily Maverick