Rape is the most common crime committed against children in the country, yet few will see justice.  According to Statistics South Africa’s reports on crimes against children, rape accounted for 38.3% of all crimes against children in the 2022/2023 financial year. Only a fraction of cases were enrolled for trial by the National Prosecuting Authority. 

The seven-year-old Grade 1 pupil was allegedly raped and drugged in one of the classrooms at her school, Bergview College in Matatiele, Eastern Cape in October last year. The matter was brought to the public’s attention in early April when the mother shared her daughter’s rape ordeal on social media. 

Justice is evasive

Getting justice is a major hurdle for rape survivors in country. One must navigate issues of stigma, the fear of not being believed and mistreatment by law enforcement.

The case that puts this issue under the spotlight is that of a little girl dubbed Cwecwe. 

The process becomes much more difficult when there is a child involved.  

Dr Shaheda Omar, director of the Teddy Bear Foundation tells Health-e News that the process of reporting rape can be overwhelming for both the parents and the child, particularly in areas where police stations and medical facilities are often ill-equipped to handle the sensitive needs of child sexual abuse cases. 

The foundation assists abused children and their families by providing professional services like medical examinations, psychological and forensic assessments and also helps with court preparations.

Omar highlights systemic failures, which include a lack of trained police officers and health workers,  and inadequately equipped courts without facilities needed for children to testify behind closed doors. These failures often obstruct justice for children who’ve been sexually assaulted, leaving parents feeling guilty and powerless in the aftermath.

In the social media video, Cwecwe’s mother recalls how a police officer blamed her daughter for not speaking out about the abuse when they were reporting the matter, making it difficult to register the case. It was only when the officers learned that Cwecwe’s mother is also a police officer, with a higher rank, that the case was finally opened.

“We don’t have enough law enforcement officers or healthcare workers skilled in working with child rape victims. Law enforcement is overwhelmed with a high volume of cases, which reduces their effectiveness in handling child abuse cases,” Omar explains.

Structural barriers to justice

The situation is even more dire in marginalised areas, where resources are limited and support services are often far out of reach. 

“Help is not always easily available, and families have to travel long distances. This becomes a costly dilemma, forcing them to choose between expenses and their child’s health,” Omar says.

Another organisation that seeks to support families in this difficult situation is the TEARS Foundation, which provides counselling, helps victims access immediate support and advocates for their rights.

“We assist families in filing police reports, provide emotional support through court proceedings, and connect them with medical professionals for forensic exams and ongoing care,” says Kavya Swaminathan, an intervention specialist (whose role is similar to that of a social worker) at the foundation. 

Swaminathan agrees that money is an often-overlooked barrier to justice in these cases.

“Financial constraints can prevent families from attending clinics or legal appointments, exacerbating the challenges they already face,” she says.  

“In cases where families face extreme financial hardships, the foundation may also assist with transportation to essential appointments, depending on resource availability,” Swaminathan says. 

The legal process

Omar points out that South Africa is experiencing a shortage of specialised sexual offences courts. According to the Department of Justice, as of 2022, 116 regional courts were upgraded to Sexual Offences Courts. The department’s report shows that after 2023, 32 more Sexual Offences Courts would be needed. 

The Sexual Offences Court has a special courtroom and a testifying room with CCTV equipment so that children can testify from a separate room and not have to see the perpetrator while they talk about what happened.

Stanley Malematja, an attorney at the Centre for Child Law at the University of Pretoria, emphasises that parents of child rape victims have access to legal representation, even if they cannot afford private lawyers. 

“Rape is a criminal offence, and therefore it is a crime against the state. A criminal offence is prosecuted by the state,” Malematja explains. 

When a rape case is reported at the police station, the police open a case, assign an investigator, interview the victim, arrange a medical exam and gather evidence. The investigation officer then hands the case to the prosecutor who decides if the case will be taken to court or not, based on the evidence. – Health-e News