Sexual violence is a major crisis in South Africa. In the first week of April 2025 alone, 222 suspects were arrested for rape. But, research shows that many of the complainants in these cases won’t see the inside of a courtroom. 

Despite South Africa’s strong laws, many gaps in the system contribute to cases falling through the cracks. This is known as rape case attrition. 

A 2023 study on factors associated with rape case attrition in the South African criminal justice system, found that:

• 35% of cases were closed by police, 
• 31% were declined by the prosecutors, 
• 16% were enrolled but dropped later on, 
• 19% went on trial, and only 9% were finalised with conviction.

Health-e News spoke to Zethu Albanie, a socio-legal researcher and social justice advocate, about why so many rape cases do not result in convictions.

What is rape case attrition? 

Rape case attrition is the gradual dropping of cases before conviction. It looks at the number of rape cases reported to the police in comparison to the number of cases that actually go to trial and result in a conviction. 

Rape case attrition is deeply linked to how survivors’ identities, behaviours and circumstances are interpreted by police, prosecutors, and judges throughout the justice process. The burden is placed on survivors to be consistent, respectable, and composed, even in the aftermath of trauma. 

Is there enough protection for survivors in the law?

South Africa has robust laws, on paper, such as the Sexual Offences Act, and a progressive constitution that guarantees dignity and equality. 

But these promises often fall apart in practice. 

For instance, the Integrated Victim Empowerment Programme is meant to ensure that survivors are treated with dignity, but many report secondary victimisation at the hands of police, through disbelief, victim-blaming or intimidation.

What are some contributing factors to rape case attrition?

Insufficient training contributes to the low success rate of rape cases that are prosecuted. Some who are part of the criminal justice system lack adequate training on the dynamics of sexual violence and the impact of trauma on memory, behaviour, and testimony.

Survivors are subjected to hostile cross-examinations and long delays that make seeking justice feel like punishment. 

Prosecutors, too, often rely on subjective assessments of ‘victim credibility’, for instance, choosing not to prosecute cases involving women who were drinking or dressed in a certain way. The result is a system that punishes survivors for not fitting into a narrow mould of the ‘ideal victim’. Judges are not immune from these patterns either.

Police discretion also plays a huge role in shaping the course of a case. Many officers (police) cling to stereotypes, disbelieve survivors, or show contempt and apathy in ways that mirror wider societal attitudes. 

What are some reasons behind case backlogs?

Another issue that contributes to gaps in the system is forensic capacity. The South African Police Service Forensic Science Laboratory division is facing a DNA backlog exceeding 140 000 cases.

Investment in forensic capacity, better resourcing and training for forensic units will help speed up evidence collection and processing. Increasing judicial capacity, especially in sexual offences courts, can reduce case backlogs.

Ensuring better communication between police, prosecutors, and courts can help move cases along more efficiently and sexual offences should be prioritised in court scheduling to avoid unnecessary delays, while still ensuring fair trial rights. 

What changes could improve the justice process? 

To transform justice for survivors of rape in South Africa, we need structural, ideological, and institutional change. Mandatory anti-bias, racism and sexism training for all justice system personnel is essential. Accountability mechanisms must be put in place for officials who mis-handle cases or show bias.

The focus must shift to perpetrator culpability and stop making survivors prove their innocence. Investment in survivor support is needed to ensure that every survivor, regardless of class, race, or background has access to holistic support services. – Health-e News