Rape in South Africa has been described a societal and public health crisis. It’s estimated that 40,000 cases have been reported every year over the last decade. But research shows that most survivors do not report their rape to the police. The implications are that survivors often don’t receive much-needed post rape medical care or mental health support. 

Several organisations in South Africa are working hard to support survivors and help them understand their rights and what happens in the process of seeking justice. One of these organisations is the Networking HIV and AIDS Community of Southern Africa  (NACOSA).  

Health-e News spoke with NACOSA Head of Strategic Communications, Sophie Hobbs, about navigating this difficult process.  

Healthcare is priority

Hobbs says sometimes people go to healthcare facilities and are told to report the case to the police first. “That is not the case. They do not have to report or lay a charge to receive medical services.

“If someone decides to make a report at the police station first and not go to a healthcare facility, the police must ensure that you’re physically safe, in a designated victim support room (you can ask for a female officer) and take your statement. Then transport you to a health facility to receive immediate medical care,” she says.

Receiving medical care within 72 hours of the assault is important. During this time, survivors are tested for HIV, and if they’re HIV negative, they get post-exposure prophylaxis (PEP) – antiretroviral drugs to prevent HIV infection after possible exposure to the virus. Survivors are also offered emergency contraception and screened for sexually transmitted infections.

“Normally, there will be a forensic examination and this can be quite an invasive process because the doctor will need to check and record any injuries, take swabs and samples. There are some facilities where forensic nurses do this,” she explains.

She says that the forensic examination is to ensure that there’s enough evidence to prosecute and convict the perpetrator if the case makes it to court.

Hobbs says the survivor doesn’t have to report the rape if they do not want to, and it’s their right to refuse the forensic examination. However, survivors are encouraged to undergo a forensic examination as this evidence can be used if they decide to open a case later on. 

Many survivors don’t make an immediate report.

“In the cases that we’re seeing in our GBV programme, about 70% of the perpetrators are known to the victim. So it’s often family members, intimate partners or someone that they know, making people reluctant to report because it carries with it a lot of family pressure and stigma,” explains Hobbs. 

She says in cases where the 72-hour mark is missed, the survivor would not be able to receive PEP or emergency contraception because these medications must be taken within a specific time. But they still have the right to all services in the process of seeking justice.

Understanding your rights

But the process of seeking justice can be overwhelming. 

“It’s always better to take a friend or a family member that you trust with you, who can advocate for you and your rights, because often in these cases, people are very traumatised,” explains Hobbs.

There’s a misconception that a report can only be made in the area where the assault happened. 

“That is not the case and the law is very clear about that.  You can report a rape at any police station.” 

At the police station you will receive a case number and an investigating officer will be assigned to keep you updated on your case. You also have the right to ask to have the perpetrator tested for HIV, apply for a protection order and request to be assisted by a female investigating officer.

Your case will be sent to a prosecutor who must:

• Let you know if the perpetrator(s) have been given bail
• Help you prepare for the trial
• Take a victim impact statement from you
• Help you tell the court what happened (you can ask to do this in front of a camera)

Better understanding of laws

Hobbs says the laws that South Africa has in place are very comprehensive and progressive. 

“It’s not a question of new laws or additional laws that we need. But better enforcement of the laws and better understanding so people understand their rights better, what the process is and what they are entitled to access in terms of services”. – Health-e News