The possibility of a lock down was on everyone’s lips even before the declaration was made. Along with this came uncertainty and anxiety about the future and high levels of anxiety about how one should respond to feel safe from harm. Conflicting stories and opinions and panic buying seemed to be compressed into a few days that simultaneously felt like they lasted for an age. Anxiety felt as contagious as the virus we had all been warned about.
A sexual offences court is a court that has been designated (appointed) as a sexual offences court. These courts must then comply with the requirements for sexual offences courts. The people working at these courts must make sure that the courts have all of the things necessary to make it a sexual offences court.
If a court has some of the requirements missing, it may still be able to hear sexual offences cases, but members of the public will know the full range of services are not available there.
It is mainly the job of the court manager to make sure that everything is in order.
Sexual offences courts try to make sure that people that come to court to testify (like the complainant or a family member) feel safe and supported while at the court. One of the ways to do this is to limit the potential contact between such persons and the accused person. It is the job of the court manager to make sure that the building and rooms are set up in such a way that achieves this.
It is important that these facilities are accessible to all people, including people with disabilities or older people and that there is proper signage to indicate which facilities are where. The facilities must also be comfortable for children. Someone from the court must also make sure that people who come to testify know where they have to go. Sometimes this is done by a court supporter employed by an NPO.
The waiting area must have furniture that is comfortable because people might have to wait for a long time. For this reason, there must also be a place where children can be comfortable and can play while they wait to testify. The waiting area should have ventilation – with windows that can open or another way to regulate the temperature – and water should be available.
Because people may wait here for a long time, the court manager must make sure that there is information displayed about the court procedures, services available to complainants and other court services.
The waiting area is meant for complainants and people supporting them, so the people working at court must see to it that no other person uses this area.
The testifying room is used when children, persons with disabilities and some adults cannot testify in the court room while the accused is also there. The testifying room has a camera and microphone that is linked to the court room so that the person doesn’t have to be in the courtroom while they testify. An intermediary makes sue that this happens correctly.
The testifying room has specialised equipment that has to be regularly maintained. It will also have a set of six anatomical dolls that represent the human body to assist children to testify.
This should be a place where the court preparation officer can speak privately with the complainant without interruption. This room must also be comfortable and must have cupboards that can lock.
The court room will be where the court proceedings take place. It will have a space for the magistrate, prosecutor, witnesses, accused’s attorney, a typist and the court orderly. At some points the public will be allowed to sit in the gallery, but not always. The room will have special equipment to make it possible for complainants to testify from the testifying room. The court manager must ensure that the equipment all works properly and is regularly maintained.
A sexual offences court will have the following people working in it.
A sexual offences court can also have the following people working in it.
The Court supporter’s role is to support the complainant when they have to be at court by making sure that they feel safe and that they know what is going on. This can be for a meeting with the prosecutor or if they have to testify. The court supporter may even go into the court room with the complainant and sit next to them while they testify, thereby limiting secondary trauma. Often the court supporter will meet with the complainant afterwards to give them emotional support. A court supporter can also refer a complainant for long-term support.
Court supporters receive special training for this role.
The Court preparation officer works together with the prosecutor to help the complainant to understand what will be expected of them when they testify in court. The court preparation officer can also help to make sure that the complainant has access to an interpreter or an intermediary.
Court preparation officers receive special training for this role.
People working in sexual offences courts can suffer a great deal of vicarious trauma. Trauma debriefing must be available for people working in sexual offences courts.
Interpreters assist the people in the court by translating what people say into different languages. This is necessary because not everyone involved in what happens in the court may speak or understand the same language. The interpreters should be experienced and well trained.
The intermediaries play an extremely important role in assisting child witnesses as well as certain adult witnesses who testify via electronic devices while they are in the testifying room. This is a means to limit secondary trauma as well as to effectively obtain testimony. In instances where an intermediary is appointed to assist a witness, testimony cannot be lead without the intermediary present. Therefore, if intermediaries are unavailable or absent for whatever reason, it will lead to delays. For this reason, it is necessary that a database be kept of intermediaries who are available on an ad hoc basis.
Sign language interpreters can be appointed in matters where the complainant or another witness is deaf and unable to communicate otherwise.
The court must make sure that an accused person get the opportunity to apply for legal aid. If the application is successful, the legal aid practitioner will be acting as the lawyer for the accused person.
There must be ways in which complaints can be made and received at the court. The court manager must ensure that people know where and how to complain. Any person who receives a complaint must refer the person who wishes to complain to the correct institution. They must also get the necessary contact details of the institution. After a complaint has been lodged, the institution that received the complaint must inform the person who lodged the complaint of the status of the complaint and the outcome.
People working at the court, when coming into contact with complainants and witnesses, must:
[1] This is in the Regulations
[2] This is not in the regulations
[3] This is in the regulations
At RSJC we believe that we need the proper implementation of sexual offences courts to restore survivors’ confidence in the judicial system and increase their willingness to come forward. The more sexual offences that are reported, investigated and prosecuted, the more survivors will be prepared to come forward and lay charges.
We have prepared a reader-friendly version of the regulations below.
To read the full regulations click here, (pages 45 to 67 of the Government Gazette).
The new regulations for sexual offences recognise the need to limit secondary trauma of the survivor. One method of implementing this is by changing the architecture of the court, which aims to reduce the stress and trauma related to testifying.
Survivors of rape and other sexual offences often find it very difficult to navigate the court building. There are therefore now specifications for the rooms and layouts within the courts that need to be adhered to. The waiting area needs to be comfortable and safe and all rooms need to be accessible to adults, people with disabilities and children.
From the regulations:
“Required facilities:
A designated court must have, at least, the following facilities:
(a) A waiting area for complainants as provided for in regulation 8;
(b) a testifying room as provided for in regulation 9;
(c) a court preparation room as provided for in regulation 10; and
(d) a consultation room, for the prosecutor to consult with a complainant, as provided for
in regulation 10.”
All sexual offences courts must have a set of anatomical dolls. It is the court manager’s role to ensure that there is at least one full set of six anatomical dolls ranging from a male and female of a child, an adult and an aged person.
The court room must also have specialist equipment that enables the survivor to give evidence without having to be face to face or in the same room as the accused. This means that CCTV or similar equipment must be available in a testifying room for giving evidence. The testifying room needs to be a space that makes the complainants and witnesses (both adults and children) feel at ease. It needs to be well lit and conducive to giving evidence.
“The devices and equipment found in the court room must be of such quality so as to enable the efficient and effective giving of evidence by complainants and witnesses and to avoid secondary traumatisation of such complainants and witnesses.
The court room must have closed circuit television (CCTV) or similar electronic media for giving evidence and the witness must be able to testify (through electronic devices or directly) and be seen and heard from somewhere other than the court.
The court manager must ensure that there is at least one set of anatomical dolls available at the designated court for use by the prosecutor and intermediary: Often children and vulnerable adults are required to testify in sexual offences matters. Children, especially very young children, have a limited ability to verbalise their experiences and this hampers their ability to disclose the details of sexual abuse. There was a need for reliable investigative tools to assist with interviewing children in cases of sexual abuse, and anatomical drawings and anatomical dolls are therefore used.”
When survivors of rape enter the criminal justice system they need to be supported and provided with information about the system and about the specific case. That means that the people working on a sexual offence case all need to be knowledgeable and to work together. From the police officer who took down her report and investigated her case, to the doctor who examined her, and the prosecutor, magistrate and court preparation officer who sought justice for her, they all need to listen to the survivor and to work together in seeking justice while having the knowledge to be able to process and prosecute her case correctly and as efficiently as possible.
Court supporters play a dual role in that they help the complainant to become familiar with the court proceedings and layout of the court and help to reduce the secondary trauma experienced by the survivor. It is therefore extremely important that, where a court supporter is available, they are the primary support in sexual offences matters. One of the main roles of the court supporter is to understand that, while testifying in the trial or consulting with the prosecutor, the complainant may experience the same traumatic thoughts and feelings that they experienced at the time of the rape. The court supporter knows this and supports the complainant by helping to carry this heavy load. After the consultation or testimony, court supporters provide a safe place for complainants and witnesses to debrief from the traumatic thoughts and feelings that they experience after testifying etc.
From the regulations: “A court preparation programme must be operational at a designated court. The persons involved in the criminal justice system must be made aware of the court preparation programme.
Trauma debriefing must be available to judicial officers, prosecutors, court preparation officers, victim assistance officers; and court officials employed by the State. An interpreter must, in addition to his or her main functions, be
available.
A sexual offences court must also supply the services of a court supporter. The Court Supporter is appointed by a Non-Profit Organisation and has been trained to fulfil this role. The Court Supporter plays a dual role in that they help the complainant to become familiar with the court proceedings and layout and help to reduce the secondary trauma experienced by the survivor. Their primary focus is to provide psycho-social support to the survivor.”
We are also pleased to see that the amendments to the sexual offences act state that “a designated [sexual offences] court must ensure that all sexual offence cases are finalised expeditiously and that delays are avoided as far as possible.”
Members of the Media
Press Release | For immediate release
6 February 2020
New sexual offences court due to be opened in Bredasdorp on 7 February.
On 7 February 2020 the Department of Justice will officially be launching a new sexual offences court in Bredasdorp, Western Cape.
Taking place at the NG Kerk, No. 2 Church Street, from 09h30 onwards, the opening will be officiated by the honourable Mr John Jeffery. Following the opening there will be an Imbizo (meeting) with the community members.
Almost seven years to the day since the rape and murder of Anene Booysen in Bredasdorp (she died on 2 Feb 2013), this court is a much needed and welcomed addition to the judicial system and the community as a whole. This court opening comes just days after the official regulations for sexual offences courts came into law and marks a momentous start to the year in the fight against rape and gender-based violence.
Gender-based violence is staggeringly high in South Africa with the number of rapes reaching the highest the country has seen in four years. (Source) Here at Rape Crisis’ RSJC we believe that all survivors of sexual offences should have access to a specialised court, which is why we are thrilled by the news of this new court opening.
Below are the details for the opening:
Date: 7 February 2020
Venue: NG Kerk Hall, Number 2 Church Street, Bredasdorp
Time: From 09h30 onwards
For more information contact Jeanne Bodenstein on jeanne@rapecrisis.org.za.
About RSJC:
The Rape Survivors’ Justice Campaign advocates for the planned and funded rollout of sexual offences courts. These courts are the key to restoring faith in the criminal justice system.
Sexual Offences Courts are specialized courts that specifically deal with sexual offences and provide special services to survivors. These courts are sensitive to the survivor and help to; reduce the trauma, speed up cases, deliver better court judgements thanks to better skilled court personnel and better support for survivors, increase reporting of rape and increase convictions.
Although South Africa has some of the highest rates of reported sexual offences, it also has a criminal justice system that boasts innovative inventions to address this. One such example is the establishment of sexual offences courts.
Sexual offences courts are specialised courts in which survivors receive support services and cases are prosecuted by specialists in the field. These courts have theoretically being rolled out around the country but, thus far there has been no legislated framework for them, so the services they offer are not uniform. The requirements for a court to be declared a sexual offences court have been unclear.
Section 55A, the amendment to the Act, remained in limbo for several years, together with the regulations that would give it detail. The Department of Justice has now confirmed that the amendment to the Act has come into operation on 31 January 2020 and the regulations will be gazetted by the seventh of February.
7 February 2020 marks a momentous day for Rape Crisis’ RSJC team and for South Africa as a whole. 7 February is the day that the regulations for sexual offences courts are officially signed and gazetted.
The signing of these regulations is a strong sign of President Cyril Ramaphosa’s commitment to a stronger criminal justice system and the roll out of sexual offences courts and specialised forensic units promises a ray of hope for survivors of gender-based violence.
The more sexual offences that are reported, investigated and prosecuted, the more chance we will have of stemming this violence in our society.
The new regulations outline three key elements that all sexual offences courts must have:
– Specialist infrastructure: There are specifications for the rooms and layouts within the courts that need to be adhered to. For example, all sexual offences courts must have a separate waiting area for the complainants. Survivors of rape and other sexual offences often find it very difficult to navigate the court building. When survivors have to be at a court building in order to testify about a rape in which their privacy and bodily integrity were undermined, it can be extremely distressing and traumatising. Therefore, the waiting area for survivors who are coming to testify is a very important component of a sexual offences court.
– Specialist staff: When survivors of rape enter the criminal justice system they need to be supported and treated kindly and to receive information about the system and about the specific case. That means that the people working on a rape or sexual offences case all need to be knowledgeable and to work together. From the police officer who took down her report and investigated her case, to the doctor who examined her, the court supporter who supported her, and the prosecutor, magistrate and court preparation officer who sought justice for her, they all need to listen to the survivor and to work together in seeking justice while having the knowledge to be able to process and prosecute her case correctly and as efficiently as possible.
– Specialist services: All sexual offences courts must provide access to a court supporter. The court supporter is someone who is appointed by a Non-Profit Organisation and who has been trained to fulfil this role. The court supporter plays a dual role in that they help the complainant to become familiar with the court proceedings and layout of the court and help to reduce the secondary trauma experienced by the survivor. Their primary focus is to provide psycho-social support to the survivor. It is therefore extremely important that, where a court supporter is available, they are the primary support in sexual offences matters. One of the main roles of the court supporter is to understand that, while testifying in the trial or consulting with the prosecutor, the complainant may experience the same traumatic thoughts and feelings that they experienced at the time of the rape. The court supporter knows this and supports the complainant by helping to carry this heavy load. After the consultation or testimony, court supporters provide a safe place for complainants and witnesses to debrief from the traumatic thoughts and feelings that they experience after testifying etc.
We need the proper implementation of sexual offences courts to restore survivors’ confidence in the system, and increase their willingness to come forward.
About RSJC:
The Rape Survivors’ Justice Campaign advocates for the planned and funded rollout of sexual offences courts. These courts are the key to restoring faith in the criminal justice system.
Sexual offences courts are specialized courts that specifically deal with sexual offences and provide special services to survivors. These courts are sensitive to the survivor and help to; reduce the trauma, speed up cases, deliver better court judgements thanks to better skilled court personnel and better support for survivors, increase reporting of rape and increase convictions.
Peer educators from the Birds and Bees project are challenging rape culture and building a culture of consent in their schools.
