Prevalence

Police crime statistics released in September 2015 state that in 2014/2015 there were a total of 53 617 sexual offences reported to the South African Police Services (SAPS). This translates into 147 cases per day.

The difficulty with using statistics released by the SAPS is that many incidents of rape go unreported; some studies[1] estimate that if all rapes were reported, the figures could be as high 482 000 for the country.

The reasons that so many incidents of rape go unreported to the police include:

• fear of retaliation or intimidation by the perpetrator
• the fact that many survivors lack access to services
• the personal humiliation of being exposed as a victim of rape in a community
• the extreme suffering that goes hand in hand with rape as a psychological trauma
• reluctance to cause pain to loved ones
• the fact that the offender is often known to the victim and frequently a member of the victim’s family
• the possibility of negative financial consequences, particularly if the victim is a child and her family relies on the perpetrator’s income to survive.

These factors are compounded by the stigma associated with rape, and by the fact that many people in our society subscribe to myths and stereotypes about rape. Most rape myths lay the blame or responsibility at the door of the victim, by suggesting that her behaviour somehow led the rapist to rape her. This can lead to further under-reporting, as rape victims suffer feelings of guilt, or fear of facing the blame of their community or family. In addition, many survivors only report several months, or even years, after the incident. Opening old wounds and reliving the trauma of rape all over again can be daunting.

However, the barrier to reporting that Rape Crisis explores most deeply in our work is the rape victim’s lack of faith in the ability of the South African Criminal Justice System (CJS) to offer her services, to protect her, to treat her with dignity and respect and, above all, to support her claim to justice and to act as a deterrent to rapists.

Levels of violence

Rape in South Africa has emerged as a crime of extreme violence. Commentators liken the types of rape they see in South Africa to those perpetrated during armed conflict, in terms of the degradation, ritual humiliation and the extent of injuries, such as mutilation, that are involved.[9] Further indicating the extremity of the violence that accompanies rape, researchers have found that twelve times more women are raped and then murdered in South Africa every year than in the United States. A recent national mortuary-based study concluded that in South Africa a woman is killed every six hours by an intimate partner, another record-setting statistic.[10]

Studies at various sites have found multiple perpetrator involvement in 25% to 55% of rapes.[11] In 2011, 55% of the rape survivors counselled by Rape Crisis had been raped by more than one offender. Of these rapes, 25% had been perpetrated by known gangs. In multiple perpetrator rapes, the number of offenders ranged from 2 to 30 in respect of any one victim.

Causes of rape in South Africa

Failure to hold perpetrators to account

In 2014/2015 Rape Crisis saw over 4 000 rape survivors for direct support. Some of these survivors had reported the matter and some had not. Those who had reported, experienced the justice system in many instances as helpful, with distinct pockets of excellence where dedicated officials went the extra mile on their behalf and made them believe that their case was being taken very seriously. But even where this was the case in one area of the CJS, the opposite was usually true in another, with the result that there was no one case where all parts of the system – police services, health facilities and the courts – worked well and in a coordinated fashion to ensure a successful conviction.

Rape survivors describe their lack of support and consequent disempowerment as stemming from a range of flaws within the justice system, which can best be summarised as follows:

• rape victims know little or nothing about this complex system before they enter it, and they find it almost incomprehensible at times.
• the system does little or nothing to inform survivors about the progress of their case and what is expected of them with regard to next steps.
• there is no provision made for survivors to receive any form of psychosocial care inside the justice system.
• Officials are often biased against survivors and treat them insensitively or inappropriately, causing secondary trauma.
• the system is fragmented, lacking cohesive links between one service provider and another in the overall service chain – from the police services, to the forensic unit to the courtroom. Many cases fall between the cracks and are lost or weakened as a result.
• government departments responsible for state service providers are unable to collaborate effectively to tackle the problem at higher levels of influence.
• survivors are unaware of the fact that they can complain about the system, and don’t know how to go about doing so if their rights are not being upheld.
• the way the system is set up gives the accused more rights and greater levels of representation in court than the victim of the crime.

It is no wonder that conviction rates are low, the rate for Gauteng being 4%[8] and the Western Cape 7%. Rape is prevalent in the Western Cape and in South Africa, but, as already discussed, it is also under-reported. This is partly because communities have no faith in a system that lacks the capacity to address their needs and that allows rapists to go unpunished. The resulting culture of impunity can only drive the number of rape incidents upwards, thereby seriously denying people their right to live free from violence.

Myths about rape

In many societies all over the world, people have believed and still believe in myths about what rape is and what causes it. In South Africa, the legal definition of rape has been changed so that

our law courts recognise what rape truly is, instead of upholding false ideas. Sadly though, many men and women in our country still hold on to harmful myths about rape.

Myths lead people to blame women. We think that she was ‘asking to be raped’. Instead of holding the rapist responsible for the rape, we blame the victim. In court, defence lawyers can use myths to attempt to undermine the testimony of the survivor. This can prevent justice from being done.

Myths make people doubt what the victim says. We think that ‘they was not really raped’. This can mean that the victim does not get the support they needs from people around them. It can also make officials in the criminal justice system doubt the survivor’s testimony, preventing justice from being done.

Myths make rape survivors feel too ashamed or too guilty to report the rape or to share it with others. Survivors end up isolated and do not get the support they needs to help recover from the trauma of the rape. Studies estimate that only one in nine survivors report rape. This means that most rapists walk freely among us, unpunished and ready to reoffend.

Myths hide the fact that a rapist can come from any race, social class or environment. We feel more distrustful or afraid of certain people based on stereotypes and prejudice, not based on the facts of the situation. We believe that we can tell what makes someone a rapist, when in fact this is not the case.

Myths make us believe that we can prevent rape from happening to us. This stops us from addressing the real sources of the problem, for example people’s attitudes to violence and to relationships between men and women (gender relations).

Myths take away the dignity and humanity of the survivor, causing more trauma and pain and lowering chances of recovery. Myths also prevent many rapists from being prosecuted. It is vital that all of us in society reject these myths, so that survivors may fully recover and more rapists may be convicted.

Read the myths here

The Apartheid Legacy:

A culture of violence

South Africa is a country where a substantial portion of the male population historically bonded in a violent and highly militarised context:[2] both universal conscription of white men and the absorption of many black men into the liberation struggle have contributed to a culture that sees violence as a legitimate means of resolving conflicts – a culture where ‘tough, aggressive, brutal and competitive masculinity is promoted’[3] and weakness regarded, with contempt, as ‘feminine’. Through this violent struggle, South Africa has developed what many commentators refer to as a ‘culture of violence’, or at least an easy acceptance of violence.[4]

South African society, its culture and its institutions have been profoundly affected by the institutionalised dehumanisation imposed by the apartheid system as well as the levels of force used, on the one hand, to enforce these policies and, on the other hand, to resist them. In this way, the system traumatised an entire nation. Every person in South Africa has been affected by the violence, structural and physical, of apartheid in one form or another. At its worst, this continues to play out in a profound disrespect for human life and the integrity of individual human beings and an attitude of impunity where the consequences of violence are concerned, which in turn causes more violence. An important part of constructing a new shared morality is South Africa’s constitution, which enshrines the right to gender equality.[5] But in the daily reality of many people this remains nothing more than an aspiration, and most commentators agree that interpersonal relations in South Africa remain marked by extreme gender inequality.[6]

The circumstances described above should be considered together with other factors in order to provide a comprehensive explanation for South Africa’s high levels of sexual violence. Situational factors such as poverty and drug abuse are inadequate on their own as explanations; it is only when these factors are seen in the context of the massive and institutionalised violence perpetrated against South Africans by the apartheid system that we can begin to understand why sexual violence is so pervasive across population groups. A failure to recognise that South Africans will carry the scars of apartheid for generations to come is naïve, dangerous and counterproductive to the project of building a new egalitarian value system and to transforming our institutions in accordance with those values.

IMAGE: Survivor and family – township

Political transition and sexual violence

In order to understand rape in South Africa today, we need to understand its prevalence and nature in the past. That, however, is very difficult, as rape statistics from the apartheid era – particularly those for non-white populations – cannot be viewed as reliable. This is due to many factors, some of which are the following:

Prior to South Africa’s democratic transition, police resources were concentrated in white areas, with policing in black areas being predominantly targeted towards political control. Township residents had little faith in a ‘justice’ system that was at the same time being used to oppress them. As a result, apartheid-era crime statistics are biased by under-reporting.

Worse still, complainants ran the risk of being seen as colluding with security forces. Writing about sexual violence in 1994, Armstrong quotes an informant as saying that during apartheid ‘no black woman would go to a police station … just to be seen near a police station might mean that you would be perceived as an informer, your home would be burnt down and you would be killed.’

Furthermore, gender-based violence was seen as a potentially divisive problem that could be used politically against black men and thereby divert attention from the pressing issue of racism.

It is also quite likely that even when black women reported being raped – to predominantly white police officers – many were not taken seriously and their reports not recorded.

Before 1993, marital rape was not a crime and none of these assaults would have been included in any statistics.

Under apartheid, the territory that is today South Africa contained a number of nominally independent homelands and self-governing territories, each with their own police force. In total, prior to 1994, South Africa had 11 different police agencies, with widely varying competencies in the collection of crime statistics. Crimes reported in the so-called independent homelands were not included in national figures. Poor record-keeping makes it impossible to even estimate pre-1994 levels of rape in those areas.

If we look at the decade preceding South Africa’s transition, we see that between 1983 and 1993, reported rapes almost doubled from 15 342 to 27 056. Commentators expressed concern in the early nineties about soaring rates of gender-based violence, linking it to the pernicious effect of apartheid in destroying family structures through the enforcement of migrant labour policies and the perversion of South African masculinities. In addition to the militarisation of South African male identities, as mentioned previously, apartheid shamed and dishonoured black men by disregarding their human dignity and denying them access to education, jobs and power over the affairs of their own country as well as in their own lives, thereby robbing them of choice. White men were shamed and dishonoured by their role as oppressors, particularly those conscripted into the armed forces. These collective masculine wounds expressed themselves not only in armed struggle but were mirrored in a domestic struggle, where the home and the intimate lives of men became a battle ground for reclaiming power in another sphere.

As South Africa began its transition to democracy in the early 1990s, it again saw a rapid increase in reported rapes and other violent crimes.[7]Cases of reported rape increased from 27 056 in 1993 to a peak of 55 114 between April 2004 and March 2005, reflecting a prevalence rate of 118,3/100 000 of the population. This is amongst the highest reported rates of rape in the world.

Although sexual violence, and crime generally, has been typified as a product of South Africa’s transition, the popular focus on post-apartheid crime figures is probably misleading. Certain commentators linked the rising levels of crime to political, economic and social trends which, although accentuated by rapid political reform, originated before the political transition. In all likelihood, this position is correct. It is likely that the increases seen during South Africa’s transition stem from a combination of three factors: increased reporting, better record-keeping and actual increases in the prevalence of criminal offences.

Substance abuse and rape

The high rate of abuse and sexual violence toward women in South Africa is exacerbated by widespread substance abuse.[24] Alcohol abuse is a problem throughout the country, and has been linked to violence against women. In the Western Cape, the abuse of methamphetamine (colloquially called tik) is particularly concerning and has been shown, along with alcohol abuse, to have a direct correlation to the perpetration of sexual violence by male users.[25]

Methamphetamine creates a strong feeling of euphoria in the user and is highly addictive. It increases libido and can lead to violent and irrational behaviour. Methamphetamine is cheap to manufacture, and is therefore easily attainable for people in poor communities. A study conducted in the Western Cape in 2009 showed that the abuse of methamphetamine is specifically connected to the high incidence of gang rape in those communities in which the drug is a problem.[26] Men involved in the study reported planning and organising gang rapes while high on the drug to satiate their increased libidos.[27] In the same study, alcohol use by men was shown to lead to rape by virtue of increased libido, increased aggression and decreased inhibitions.[28]

Interestingly enough, men who participated in this study acknowledged that, when they were sober, they knew that rape was wrong.[29] They confirmed that they thought differently about rape when they were under the influence of alcohol or drugs.[30]

Strong gender norms also impact on the issue of rape by substance abusers. The use of alcohol or drugs, and resultant violent behaviour, has been linked to traditional views of masculinity[31] and men’s efforts to fit in with male peer groups.[32] Gender norms and gender inequality is therefore inseparable from high rates of substance abuse among men and the resultant higher incidences of gender-based violence and rape.

Another important aspect to consider is male views of what is acceptable or allowable female behaviour when it comes to alcohol or drugs. This forms the basis for a pervasive rape myth according to which a woman who is intoxicated by alcohol or drugs brings the rape upon herself by making herself vulnerable and is therefore to blame. The men interviewed in one study believed that rape was permitted or excusable if the victim herself had consumed alcohol or drugs.[33] This kind of attitude condemns the survivor’s behaviour in order to justify the violence of the perpetrator.

Homophobia, transphobia and rape

Although the South African constitution clearly condemns discrimination on the grounds of sexual orientation and gender identity, many LGBTQI (lesbian, gay, bisexual, transgender, queer and intersex) people in South Africa continue to face severe discrimination and victimisation on a daily basis.

A particularly horrendous form of homophobic victimisation in South Africa is the rape of lesbian women[34] – generally by multiple perpetrators and accompanied by great violence. This phenomenon has become known in the media as ‘corrective rape’, as perpetrators claim their motivation is to turn the homosexual victim, heterosexual. In this context, rape is used as a brutal way to punish and oppress those who do not conform to societal norms for gender roles, which include sexual orientation. This form of rape has been labelled a hate crime by the media and civil society organisations, as it is motivated by a hatred of the group that the victim belongs to. There is currently no legislation that pertains specifically to the rape of lesbians in order to ‘correct’ their sexual orientation as a hate crime.

The conceptual differentiation (created largely by the media) between ‘corrective rape’ and rape perpetrated against women in general can be counterproductive. According to the Triangle Project, an organisation working for the advancement of LGBTI rights in South Africa, rape can be viewed as a tool used to assert control over women’s bodies and their behaviour,[35] whether sexual orientation is an explicit factor or not. However, discussion of the targeted rape of lesbian women is useful in examining the way that rape and homophobic discrimination intersect in South African society.

Determining the true extent of this kind of targeted rape is very difficult. Official statistics on sexual offences do not provide information on sexual orientation, and rape survivors are not required to disclose their sexual orientation upon reporting a rape. A study carried out by The Triangle Project and the UNISA Centre for Applied Psychology showed that, in the Western Cape, the fear of sexual assault is a reality for 44% of white lesbian women and 86% of black lesbian women.[36]

The notion that LGBTQI people need to be “fixed”, is a pervasive rape myth that also poses a significant threat to other members of the LGBTQI community. Transgender women , gay men and feminine-presenting non-binary people are disproportionately affected by this form of hate crime, with very few of the incidents being reported.  Transgender men and transmasculine individuals who are seen as masculine lesbians, are also an often-overlooked high-risk group. Many LGBTQI people fear secondary victimisation, and socio-economic factors further hamper access to healthcare and justice systems.

Reporting a rape and moving through the criminal justice process is often a source of trauma and secondary victimisation for rape survivors. The stigma around homosexuality and the prejudice that exist in South African society mean that LGBTI rape survivors potentially face even greater trauma and secondary victimisation if their sexual orientation were to become known.

Refugees and asylum seekers

According to the United Nations High Commission on Refugees, refugees in South Africa are especially vulnerable to victimisation and abuse, including sexual assault. The sheer number of asylum seekers places strain on the asylum system, with unaccompanied and separated children posing a particular challenge.

‘Refugees are vulnerable to the high levels of random crime that afflict South Africa, as well as sexual violence, exploitation in the workplace and detention due to lack of proper documentation. Poor socio-economic conditions among host communities provide a breeding ground for xenophobia. Documents of limited validity compromise refugees’ efforts to become self-reliant by making it hard for them to hold long-term jobs, while at the same time a law allowing refugees and asylum-seekers to have bank accounts is not being fully implemented. Many of these problems stem from extensive backlogs and inefficiencies within the Department of Home Affairs. The ability to find and keep work is hampered by the lack of inclusion of African refugees in BEE programmes as well as difficulties due to language barriers and a high prevalence of PTSD as a result of trauma’s faced both in home countries and here in South Africa. Access to health care and police protection is compromised due to both language difficulties and xenophobic attitudes from gatekeepers. Xenophobia in South Africa undermines refugees’ local integration and the stability of their livelihoods. Due to fear of attacks in the townships, refugees that can afford to prefer to live in more expensive inner-city areas.’ [37]

Rape and HIV

The horror of rape in South Africa is compounded by the fact that around 10% of South Africans are estimated to be HIV positive. The highest rates of infection are found among women below the age of 30,[12] who make up a large percentage of rape survivors,[13] with almost one in three estimated to be infected. Scholars have started to draw a link between these high levels of HIV infection and the prevalence of coerced sex within that group.[14]

A study done in 2009 found that 19,6% of men who had committed rape were HIV-positive,[15] confirming that rape is a significant factor in the spread of HIV. Additionally, injuries to the vagina or anus often result from the violence used during rape, which further increases the victim’s likelihood of contracting HIV.[16] Another important factor to remember in terms of HIV and rape in South Africa is the high rate of multiple-offender rapes. In these rapes, there is a higher probability of at least one of the offenders being HIV positive. In addition, the victim is exposed to the virus to a greater degree if more than one offender is HIV positive, and the victim suffers greater damage to the vagina or anus because of repeated penetration.[17]

Under the Criminal Law (Sexual Offences and Related Matters) Amendment Act (Act 32 of 2007), all HIV-negative rape survivors have the right to free PEP (post-exposure prophylaxis) to reduce the risk of HIV infection from the rape.

In practice, however, there are various barriers that make it difficult or impossible for rape survivors to access PEP or to take the medication as prescribed. Some of these barriers include:

• inadequate knowledge and awareness of PEP among both health workers and patients[18]
• secondary trauma caused by prejudice among health care workers[19]
• the emotional and psychological effects of the trauma of rape[20]
• the stigma surrounding HIV and the resulting ostracism, abuse or violence that a rape survivor could potentially suffer after revealing a positive HIV status
• the emotional challenges of coming to terms with possible HIV infection on top of the trauma of rape
• pervasive gender inequality and the resultant powerlessness of women, to varying degrees, in South African communities.

A lot of work therefore still needs to be done – in terms of service delivery in the health care system, changing attitudes in communities as well as empowering women – in order to find useful ways of supporting PEP compliance in rape survivors so that they can truly benefit from the provision made for them in the Sexual Offences Act.

The impact of rape on the family and on communities

The ways in which families and communities respond to rape survivors is critically important, as certain responses can re-traumatise survivors and worsen their feelings of guilt, self-blame and isolation. In order to encourage positive community and family support for survivors, it is important to recognize the ways in which rape affects the families, friends and communities of rape survivors, as well as the survivors themselves.

Family members and friends are likely to experience a range of emotional responses similar to those of a rape survivor. These include shock, anger, guilt, self-blame, sadness, and denial. It has also been argued that men, who have been socialised to believe they should ‘protect’ women, may blame themselves for failing to fulfill this duty when someone close to them is raped[i]. Family members and friends may also struggle with how to relate to their loved one following a rape. This is particularly true in the South African context, where to a large extent rape continues to be regarded as something that should not be spoken about. While not all survivors may wish to talk about their experience or feelings with those close to them, in some instances this may be an important source of support for survivors.

For wider communities, rape, as with other forms of violence and trauma, breaks down community cohesion through sparking feelings of fear and mistrust within communities. In response to these feelings communities often respond with anger. Instance of community violence and vigilante justice against those suspected of rape are well documented within the South African media.

Following a rape, families, friends and communities may struggle to understand why such a tragedy has occurred. In trying to make sense of such a horrifying event, people often seek someone to assign blame to. If there is someone to blame or a clear reason for the rape having happened, people may find it easier to feel that they are safe from something similar happening to them. It is within this context that rape survivors are often blamed for having been raped because they were ‘drunk’, ‘out late’ or ‘provocatively dressed’. These responses are deeply damaging to rape survivors. These responses also disguise the broader social structures, such as deeply entrenched inequality between men and women, which perpetuate high rates of rape in South Africa.

It is important, therefore, that families, friends and community members seek support and advice as to how to respond to their loved ones, as well as their own emotional responses, in order to prevent the perpetuation of more trauma and violence. This can help them to respond positively and appropriately to the needs of the survivor.

[i] White, P. N., & Rollins, J. C. (1981). Rape: A family crisis. Family Relations, 103-109.

Rape and the law

Research conducted by the Medical Research Council suggests a reporting rate of around 1 in 9 rapes, which has been generally accepted as credible by both government and civil society.[38] Of the 52 617 rape cases reported in South Africa between April 2006 and March 2007, 60% were withdrawn. A recent study[39]by the Tshwaranang Legal Advocacy Centre showed that 44% were closed by the South African Police Service (SAPS) and 16% by the National Prosecuting Authority (NPA). The conviction rate for cases in their sample was around 4%.

Law reform

The rape law reform process in South Africa began in 1997, with amended legislation being passed by parliament and signed by the president in December 2007. The Criminal Law (Sexual Offences and Related Matters) Amendment Act (Act no. 32 of 2007) broadened the legal definition of rape, created a new range of sexual offences and addressed a wide range of issues relating to how sexual offence cases are managed by the police, forensic practitioners and in the courts. However, research studies show that government has failed, to a large extent, to comply with its legislative mandates, through neglecting to[40]:

• budget specifically for the costs involved in implementing legislative changes
• allocate adequate resources
• develop appropriate monitoring and evaluation mechanisms
• put proper oversight and accountability mechanisms in place
• conduct thorough planning exercises
• develop the necessary specialised services
• build the capacity of existing services
• train personnel and officials in the new legislation.

Furthermore, the implementation that has taken place has been characterised by inconsistency and excessive delays. The resulting poor infrastructure and poor service delivery have a direct impact on rape survivors’ access to justice.

Victim empowerment legislation in South Africa

In 2010/11, the United Nations Development Programme (UNDP) contracted the partners to this proposed action together with the Open Democracy Advice Centre (ODAC) in partnership with the South African Government’s Department of Social Development to undertake a Victim Empowerment Feasibility Study. The objective was to review the status of Victim Empowerment (VE) in the country, identify key gaps in legislation and the feasibility of remedying such gaps through a VE law. This study sought to identify the causes of, and the most effective and strategic way forward in resolving the disempowerment of women and children survivors of sexual assault.

The study[41] identified the following gap areas:

1. The strongest complaint from victims of crime is that they lack knowledge of the progress of their own case through the system, namely from police to health facility to court. This is exacerbated by the fact that each of these service providers has its own different system for tracking the progress of cases.
2. Citizens in general lack the kind of detailed knowledge of the criminal justice system that would make it possible for them to access their rights to services and fulfil the role that is expected of them in order to ensure convictions.
3. There is a lack of psychosocial support for survivors within the system. This results in victims of crime being inadequately prepared for trial, seriously impeding the chances of a successful conviction.
4. There is no central mechanism or body that monitors cases, takes complaints about the system and holds officials and service providers accountable for non-performance of their duties.
5. Government departments coordinating services to victims of crime struggle to collaborate with one another, which results in a lack of coordination between services.

These gap areas represent a combination of social and institutional impediments in addressing violence against women. Our programme aims to address both kinds of impediments. We believe that improving laws to address these gaps, as well as taking practical measures towards addressing them in the interim, will have the overall effect of enabling the rape victim to play a greater role in ensuring conviction of the perpetrator. The consequent increase in reporting, reduction in secondary victimisation, and in convictions, will begin to address the culture of violence and impunity that continues to erode the fabric of our society in the daily lived reality of women’s lives.

Thus far the Road to Justice project has achieved the following:

• formal presentations of the research findings to government representatives nationally and provincially
• the public launch of the research report to a gathering of government and civil society stakeholders
• publication of the report on partner websites for Rape Crisis, the Open Democracy Advice Centre and the Women’s Legal Centre
• publication of an op ed piece in the Cape Times newspaper
• participation in a workshop and pilot study of the Justice Sector Strengthening Programme (JSSP) on developing a monitoring tool for civil society organisations offering services to rape survivors
• presentation of the research findings at the national strategic planning session of the South African Government’s Victim Empowerment Programme (VEP)
• an interest expressed by the Department of Social Development in partners meeting with their policy and legislation drafting team
• discussions between partners and the Vodacom Foundation, who expressed an interest in developing the mobile phone technology to support the tracking of cases through the criminal justice system once the pilot has proven successful

In addition to these achievements Rape Crisis has developed a virtual tour of the criminal justice system, an online application that allows the user to ‘see’ inside a police station, a health facility and a courtroom to gain some sense of the atmosphere of the journey they must take along the Road to Justice. The tour features video clips of actual officials and service providers describing the process of reporting the crime and the role that the complainant is expected to play in ensuring a conviction.

This product is very suitable for workshop-style educational sessions aimed at the youth (in schools and other environments) as well as other stakeholder groups and members of the public. Government partners have expressed a strong interest in publishing the tour on their websites. These partners have been involved in the project since inception, since all relevant departments were required to give permission for the photography. The justification, proposed content and the purpose of the project was vetted thoroughly by these departments before doing so.

Other research-based advocacy initiatives being undertaken by other actors include the Sexual Offences Monitoring Project (SOAMP)[42] of the University of Cape Town’s Gender Health and Justice Research Unit (GHJRU) and The Shukumisa Campaign[43] of the National Working Group on Sexual Offences. Both of these initiatives focus on the implementation of the 2007 Sexual Offences Act and on government’s progress in developing its National Policy Framework.

South Africa’s international obligations

In its concluding observations[44] on South Africa’s second, third and fourth periodic reports to the Committee on the Elimination of Discrimination against Women in February 2011, the Committee urged the State party to strengthen its judicial system to ensure that women have effective justice and to facilitate women’s access to justice. While noting the policy, legislative and administrative measures that have been put in place to combat violence against women in the country, the Committee expressed concern for the high prevalence of sexual violence and widespread domestic violence. It also expressed concern at the high levels of impunity, violence as a social norm and the culture of silence around reporting rape and domestic violence. This was linked with concern about low levels of prosecution and conviction and the latitude employed by some police officers. The committee felt there was a lack of information about programmes in place to reduce incidents of violence against women and girls and a lack of social support services. It also raised the concern that women and girls are disproportionately affected by HIV/AIDS.

The recommendations included:

• reviewing the State’s multi-sectoral action plan to combat violence against women
• adopting comprehensive measures to address violence against women
• raising public awareness through media and education programmes about violence against women as a violation of women’s rights
• putting accountability mechanisms in place to ensure the implementation of the provisions made in the Sexual Offences Act
• ensuring the necessary budgetary allocations for the implementation of planned projects and programmes, including support services to victims
• taking continued and sustained measures to address the impact of HIV/AIDS on women and girls
• paying special attention to the needs of rural women and those that experience violence based on their sexual orientation.

The Special Rapporteur plans country visits that may be seen as an opportunity for government and civil society organisations to consult on these and other concerns held by civil society. In her report on violence against women to the Human Rights Council[45] Special Rapporteur Rashida Manjoo places a strong emphasis on preventive programmes. While she is referring particularly to the killing of women, we believe her comments are equally apt when applied to rape and sexual violence. She speaks about ‘inadequate provision of access to justice, the lack of a rights-based discourse and overall societal transformation, weaknesses in information systems, poor categorisation of crimes resulting in inaccurate reporting and a lack of collective indicators for measuring progress in reducing crime while encouraging reporting’.

South Africa’s international obligations

In its concluding observations[44] on South Africa’s second, third and fourth periodic reports to the Committee on the Elimination of Discrimination against Women in February 2011, the Committee urged the State party to strengthen its judicial system to ensure that women have effective justice and to facilitate women’s access to justice. While noting the policy, legislative and administrative measures that have been put in place to combat violence against women in the country, the Committee expressed concern for the high prevalence of sexual violence and widespread domestic violence. It also expressed concern at the high levels of impunity, violence as a social norm and the culture of silence around reporting rape and domestic violence. This was linked with concern about low levels of prosecution and conviction and the latitude employed by some police officers. The committee felt there was a lack of information about programmes in place to reduce incidents of violence against women and girls and a lack of social support services. It also raised the concern that women and girls are disproportionately affected by HIV/AIDS.

The recommendations included:

• reviewing the State’s multi-sectoral action plan to combat violence against women
• adopting comprehensive measures to address violence against women
• raising public awareness through media and education programmes about violence against women as a violation of women’s rights
• putting accountability mechanisms in place to ensure the implementation of the provisions made in the Sexual Offences Act
• ensuring the necessary budgetary allocations for the implementation of planned projects and programmes, including support services to victims
• taking continued and sustained measures to address the impact of HIV/AIDS on women and girls
• paying special attention to the needs of rural women and those that experience violence based on their sexual orientation.

The Special Rapporteur plans country visits that may be seen as an opportunity for government and civil society organisations to consult on these and other concerns held by civil society. In her report on violence against women to the Human Rights Council[45] Special Rapporteur Rashida Manjoo places a strong emphasis on preventive programmes. While she is referring particularly to the killing of women, we believe her comments are equally apt when applied to rape and sexual violence. She speaks about ‘inadequate provision of access to justice, the lack of a rights-based discourse and overall societal transformation, weaknesses in information systems, poor categorisation of crimes resulting in inaccurate reporting and a lack of collective indicators for measuring progress in reducing crime while encouraging reporting’.

Conclusion

The South African Constitution is widely known as one of the most progressive constitutions in the world. It emphasises human rights and places high value on human dignity for all. It aims to build ‘a society based on democratic values, social justice and fundamental human rights’.[46]However, as shown in this discussion, the nature and extent of rape in South Africa, as well as the inadequate systems in place to respond to it, continue to pose a significant obstacle in the path towards achieving a just society in which citizens, and particularly women, can live with dignity and freedom from the fear of sexual violence.

Changing the face of sexual violence in South Africa is a crucial and indispensable step towards healing our traumatised society and paving the way for a safer, healthier and more just country for future generations.

References

[1] R. Jewkes et al. 1999. Violence against women in three

South African provinces. Medical Research Council.

[2] D. Smyth

[3] Office on the Status of Women Report, REF, 53.

[4] Jacqueline Cock submission to OSW Report.

[5] The South African Constitution, Act 108 of 1996, s9(2).

[6] R. Jewkes & N. Abrahams, REF. OSW Report, REF.

2003. Parenzee & D. Smythe. 2003. Domestic violence and development: Looking at the farming context.
2004. Artz. 1998. Access to justice for rural women: Special focus on violence against women.

[7] South Africa’s crime statistics are not uncontroversial. In July 2000 the Minister of Safety and Security placed a moratorium on the release of crime statistics pending a review of data collection practices. Although publication of crime statistics was resumed the following year, the SAPS has retained a reluctance to make such statistics available outside the annual release. See: A. Altbeker. 2005. PUZZLING STATISTICS: IS SOUTH AFRICA REALLY THE WORLD’S CRIME CAPITAL? SA Crime Quarterly, 11.

[8] L. Vetten, R. Jewkes, R. Sigsworth, N. Christofides, L. Loots, O. Dunseith. 2008. Tracking Justice: The attrition of rape cases through the Criminal Justice System in Gauteng. Johannesburg: Tshwaranang Legal Advocacy Centre, the South African Medical Research Council and the Centre for the Study of Violence and Reconciliation.

[9] See, for example: L. Artz & K. Kunisaki. 2003. Rape during armed conflict and reflections on the ‘uncivil war’ on women in South Africa, in Why Is There So Much Violence Against Women In Post-Apartheid South Africa? Proceedings from a conference held on 14 April 2003 (Somayah Abdullah, et al. eds). Artz & Kunisaki point to factors such as the violence that attend rape in South Africa, as well as the prevalence of multiple perpetrator and gang rapes and forced pregnancy.

[10]S. Matthews et al. Every six hours a woman is killed by her intimate partner: A national study of female homicide in South Africa, Medical Research Council Policy brief No. 5, June 2004.

[11] Denny forthcoming = 25%. L. Swart et al. 1999. Rape surveillance through district surgeons offices in Johannesburg, 1996–1998: Evaluation and prevention implications.

1999. Martin. 1999. Violence against women: An analysis of the epidemiology and patterns of injury in rape homicide in Cape Town and in rape in Johannesburg. See Artz, supra note 8.

[12] Department of Health (South Africa). 2001. Summary report: National HIV and syphilis sero-prevalence survey of women attending public antenatal clinics in South Africa – 2001.

[13] Research by K. Dey on 1 242 cases reported at three police stations in Cape Town shows that 945 of the victims were younger than 30 years of age. See also R. Jewkes and N. Abrahams. 2000. Violence against women in South Africa: A review study. Pretoria: Crime Prevention Resource Centre.

[14] R. Jewkes, K. Denny, L. Denny etc.

[15] R. Jewkes, Y. Sikweyiya, R. Morrell and K. Dunkle. 2009. Understanding men’s health and use of violence: Interface of rape and HIV in South Africa. Pretoria: Medical Research Council. Page 3.

[16] S. Maman, J. Campbell, M.D. Sweat and A.C. Gielen. 2000. THE INTERSECTIONS OF HIV AND VIOLENCE: DIRECTIONS FOR FUTURE RESEARCH AND INTERVENTIONS. Social Sciences and Medicine, February, 50(4): 459–478.< /p>

[17] S. Röhrs. 2011. I FEEL FOR RAPE SURVIVORS, BUT I DON’T HAVE THE TIME, I’M ALWAYS RUNNING. BARRIERS TO ACCESSING POST-RAPE HEALTH CARE IN SOUTH AFRICA. Research Report. Gender, Health and Justice Research Unit: Cape Town.

[18] Human Rights Watch, 2004. DEADLY DELAY: SOUTH AFRICA’S EFFORTS TO PREVENT HIV IN SURVIVORS OF SEXUAL VIOLENCE.New York: Human Rights Watch. Page 29.

[19] N. Christofides et al. 2005. OTHER PATIENTS ARE REALLY IN NEED OF MEDICAL ATTENTION — THE QUALITY OF HEALTH SERVICES FOR RAPE SURVIVORS IN SOUTH AFRICA. Bulletin of the World Health Organization, 83(7): 495–502.

[20] L. Vetten and S. Haffejee. 2008. SUPPORTING RAPE SURVIVORS IN ADHERING TO POST-EXPOSURE PROPHYLAXIS (PEP) TO PREVENT HIV INFECTION: THE IMPORTANCE OF PSYCHO-SOCIAL COUNSELLING AND SUPPORT. Southern African Journal of HIV Medicine, 9(3): 24-31.

[21] Human Sciences Research Council of South Africa, Media Release, 1 June 1997. Available at http://www.hsrc.ac.za/Media_Release-29.phtml. [2012, 1 August]

[22] Rapes of children under 18 years of age

[23] J. Van Niekerk. 2003. FAILING OUR FUTURE: RESPONDING TO THE SEXUAL ABUSE OF CHILDREN. SA Crime Quarterly, 1 (2003).

[24] Department of Health (South Africa). 1998. South Africa Demographic and Health Survey.

[25] K.M. Sawyer-Kurian, W.M. Wechsberg and W.K. Luseno. 2009. EXPLORING THE DIFFERENCES AND SIMILARITIES BETWEEN BLACK/AFRICAN AND COLOURED MEN REGARDING VIOLENCE AGAINST WOMEN, SUBSTANCE ABUSE, AND HIV RISK IN CAPE TOWN, SOUTH AFRICA. Psychology of Men and Masculinity, 10(1): 13–29.

[26] ibid

[27] ibid, p. 23

[28] ibid, p. 19

[29] ibid, p. 19

[30] ibid, p. 19 and 23

[31] J.R. Mahalik, H.D. Lagan and J.A. Morrison. 2006. HEALTH BEHAVIOR AND MASCULINITY IN KENYAN AND US MALE COLLEGE STUDENTS. Psychology of Men and Masculinity. 7:191–202.

[32] J.E. Zweben, J.B. Cohen, D. Christian, G.P. Galloway, M. Salinardi, D. Parent and M. Iguchi, M. 2004. METHAMPHETAMINE TREATMENT PROJECT 2004. PSYCHIATRIC SYMPTOMS IN METHAMPHETAMINE USERS. American Journal of Addiction, 13: 181–190.

[33] supra note 24, page 23

[34] P. Kalus and J Thorpe. 2011. ‘CORRECTIVE RAPE’ AS A HATE CRIME IN SOUTH AFRICA: LEGAL AND PRACTICAL CONSIDERATIONS. Cape Town: Rape Crisis Cape Town Trust.

[35] The Triangle Project. Online ’Corrective Rape’ Campaigns and Petitions. Public statement. 2011. Available: http://triangle.org.za/news/2011/02/online-corrective-rape-campaigns-and-petitions [2012, 10 May]

[36] The Triangle Project and the UNISA Centre for Applied Psychology. 2006. Overall Findings on Levels of Empowerment Among LGBT People in the Western Cape, South Africa. Available: http://www.health24.com/images/pdf/chapter3.pdf. [2012, 1 August]

[37] United Nations High Commission on Refugees. Available: http://www.unhcr.org/pages/49e485aa6.html. [2012, 1 August]

[38] Medical Research Council and Department of Health. 1999. South Africa demographic and health survey.

Medical Research Council. 1999. Violence against women in three South African Provinces.

1. Jewkes et al. REF. As Shaw and Gastrow point out (237), South Africans are particularly sceptical of official crime statistics given how pervasive the fear (and rhetoric) of crime and criminality is. The 1998 government imposed a moratorium on the release of crime statistics, based on their assertions that these statistics were sometimes incorrect and often incorrectly interpreted. This moratorium simply added to the perception that the South African government was hiding the true extent of criminal victimisation. See M. Shaw, OF CRIME AND COUNTRY: REPORTED CRIME TRENDS IN SOUTH AFRICA AND FUTURE SCENARIOS, NEDCOR ISS Crime Index 2(3) (May-June 1998). Also see Department of Safety and Security, Report of the Orkin committee of enquiry into crime statistics (1998).

[39] L. Vetten, R. Jewkes, R. Sigsworth, N. Christofides, L. Loots and O. Dunseith. 2008. Tracking Justice: The attrition of rape cases through the Criminal Justice System in Gauteng. Johannesburg: Tshwaranang Legal Advocacy Centre, the South African Medical Research Council and the Centre for the Study of Violence and Reconciliation.

[40] L. Vetten, T. Le, A. Liesegang and S. Haken. 2010. The Right and the real: A shadow report analysing selected government departments’ implementation of the 1998 Domestic Violence Act and 2007 Sexual Offences Act. Johannesburg.

[41] K. Dey, J. Thorpe, A. Tilley and J. Williams. 2011. The Road to justice: Victim empowerment legislation in South Africa; A road map report.

[42] www.ghjru.uct.ac.za/

[43] www.shukumisa.org.za

[44] CEDAW/C/ZAF/CO/4

[45] A/HRC/20/16

[46] Preamble of the South African Constitution. Available: http://www.info.gov.za/documents/constitution/1996/96preamble.htm. [2012, 1 August]