Access to justice in times of uncertainty

South Africa has been in lockdown for more than a week now – facing a national disaster for the first time since the inception of our democracy. For many South Africans this causes financial loss, uncertainty, uncomfortable living arrangements, and stress about what tomorrow might bring. A fortunate few could afford to enter panic-buying mode and some could embark on doomsday-like preparations but many others find themselves in exceedingly difficult circumstances.

A common need – shelter

Although the responses to this national disaster were different across socio-economic groups, geographic locations and communities, everyone’s response to the crisis had one thing in common: we must have food and shelter, the most basic of human needs. However, as this new reality of lockdown sinks in, other questions start to emerge:

“Surely crime will not go on during lockdown?”

”What if someone rapes me?”

“How will I get justice in a time when the world is in crisis mode?”

“What will happen to my case if I do experience a crime?”

In these uncertain times, it might be a comfort to know that police stations are an essential service and are open and available if you wish to report a crime.

The same goes for Thuthuzela Care Centres (TCCs) and other forensic units that function at regional hospitals across the country. A Thuthuzela Care Centre is a designated forensic and medical service available to rape survivors as an emergency service in the 72 hours immediately after a rape. TCCs are based at 54 hospitals across South Africa.

 “A Thuthuzela Care Centre (TCC) is a designated forensic and medical service available to rape survivors as an emergency service in the 72 hours immediately after a rape.”

What happens when I report a rape at a TCC?

At a TCC centre or unit a counsellor will be there to greet the rape victim and tell them about the services that are being offered and the procedures that must be followed by doctors, nurses and police. They will give the person emotional support and offer the same to any family member or friend that has come along with the rape victim to the centre. The doctor will then ask the rape victim to tell them about what happened, perform a medical examination and collect samples of semen, blood and saliva from the rape victims’ clothes and body.

The aim of a TCC

The aim of TCCs are to provide both medical and forensic services to victims of sexual offences in a way that limits secondary trauma, increases conviction rates and reduces the finalisation times of cases by providing specially trained personnel and support services. If you have read any of our previous posts about sexual offences courts, these aims might sound familiar to you. Because yes, specialised forensic units like the TCCs have the same goal as sexual offences courts: to support survivors of sexual offences through the criminal justice system.

“Thuthuzela” is the isiXhosa word for comfort and these centres aim to provide comfort in times of crisis – it is therefore very fitting that they should remain open as an essential service.

Access to justice

If we think about access to justice as a journey, then the next step in the journey is the court. Sexual offences courts and other courts hearing criminal matters will only hear urgent matters during the lockdown. Most ongoing cases will be postponed to later dates and if you are a survivor with an ongoing rape case in court, you should expect that it will be postponed. However, courts are open for protection orders and you can access the court for this purpose during lockdown.

The key thing to note in this time of uncertainty is that you do have access to justice and there are people and services out there to assist you in this difficult time. If someone raped you or committed a sexual offence against you, then there is recourse and you can still have justice.

 

Definitions:

Forensic examination – the collection of medical evidence for court purposes.

Specialised forensic unit – usually a place connected to a regional hospital where you can go if you are a survivor of rape or another sexual offence. Here you will get medical treatment and a special health worker will collect medical evidence for court purposes. In specialised forensic units you will also receive emergency counselling by a specially trained person and you will get the information you might need for other services.

 

Written by Jeanne Bodenstein, Advocacy Specialist at Rape Crisis Cape Town Trust. She loves cats and red wine.