Access to Post Rape Care, Everywhere

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If you follow the Rape Survivors’ Justice Campaign’s digital platforms, you have probably come across a post about Thuthuzela Care Centres (TCCs). These are one-stop facilities where rape survivors can access medical care, psychosocial support, and can even report the rape to the police. They sound great. And in many instances they are great. But there are only 55 of them in our country which spans 1,221 million km². That is A LOT of km².

That means there are countless small towns, rural communities and housing settlements where there is no TCC in sight. Nada. Not one. Not even a whiff of a TCC. And the obvious question is, what about rape survivors who don’t have access to such a one-stop facility? That is the question that the RSJC team at Rape Crisis has been grappling with over the past few years. Our successful work on sexual offences courts has shown us that a survivor-centred criminal justice system is important. It has also reminded us that many rape survivors never see the inside of a court, often because they do not have access to the first step in the criminal justice system – post rape care.

As activists and advocates for change, we have to imagine the world as it COULD be. And we imagine access to care, everywhere. We dream of a South Africa where every rape survivor in the 1 221 million km² that is our country has access to:

– medical care,

– a forensic examination,

– psycho-social support,

– a referral for longer term counselling, and the

– means to report the crime at the police.

Every rape survivor having access to these five components of post rape care is the change that we want.

We therefore advocate for these five components/services to be protected in legislation and to be provided to survivors in every corner of the country. The mechanism of how these services are delivered could look different in different contexts. It might be at a local clinic. It might be at a state hospital. It might be in a van. It might be at a TCC.

If you spent your precious time reading this blog, we believe that this is a change that you care about too. This will be a long journey (it took us five years to get Sexual Offences Courts protected in legislation with a set of minimum standards and a plan for the rollout and designation). So Access to Care, Everywhere will probably be no different.

If you are here for that, please follow us on Facebook and Twitter, and share our work so that even more people can join this cause. We WILL need your support!

 

Written by

Jeanne Bodenstein

Advocacy Specialist

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RSJC Third National Roundtable

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RSJC Third National Roundtable

RSJC Third National Roundtable

 

Download PDF here

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THE TRUTH ABOUT THE VICTIM SUPPORT SERVICES BILL

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The Department of Social Development is developing legislation – The Victim Support Services Bill – which is currently open for comment. When a bill is open for comment you can make your voice heard by making a submission (in this case, to the Department of Social Development) with your input.

WHAT IS THE VSS BILL?

The Victim Support Services Bill was designed as a legislative response to gender-based and violent crimes. More specifically, it was intended as a legal framework that would speak directly to the support services provided to victims of crime. As it stands, the bill proposes that organisations and professionals who provide services to all victims of violent crime register with the government. The cost of registration will be borne by your organisation, and failure to do so could result in imprisonment. The bill also requires that there are always enough human and financial resources to realise the objectives of the legislation, irrespective of an organisation’s own objectives and mission.

A bill that purports to bolster victim support services looks to instead weave needless red tape into the non-profit/non-governmental sector. In essence, the Victim Support Services bill looks to criminalise anyone who does not adhere to regulations that would not actually contribute to the improvement of the services provided to victims of crime. 

WHO WILL THE BILL AFFECT?

“If you provide a room for a domestic violence victim, or give spiritual counselling to someone who got hijacked, the bill will make you register. If you don’t, that’s a criminal offence. People aren’t going to know about it so you risk people falling foul of the law.”

  • Alison Tilley, Judges Matter Coordinator 

There is a limit to the support provided by the government to victims of crime. The victim support sector is comprised of civil society organisations – community groups and  non-governmental organisations – that provide the care that the government does not. It can be said that South Africa has a rich history of organisations like these stepping up to fill the gaps neglected by our government.  

Somehow, in response to that goodwill, the Department of Social Development has put forth the Victim Support Services Bill. One would expect for the bill to support and supplement the admirable work already being done by non-governmental organisations, because without them victim support in this country would be next to non-existent. Instead, the bill (in its current form) would not just create more harm than good, but may very well eliminate the victim support sector as we know it. 

If you provide physical, psychological, social or spiritual support to victims of any violent crime, this bill will affect you. From religious leaders, to traditional healers, shelters, therapists, lawyers, nurses, doctors – this bill would severely regulate and possibly eliminate the informal and formal networks of support that victims of crime rely on for sanctuary.

Victims of crime have suffered enough, they should have the right to access any and all of the services that provide them the support that they need. What the Victim Support Services Bill should be doing is protecting and legislating that right. 

 

WHAT CAN WE DO?

Our collective outrage is warranted. But we need to find a sustainable way to channel that outrage in a way that ensures that victims of crime do not end up falling through the cracks due to a lack of state- or civil society-funded support. Victims of crime deserve more than what the Department of Social Development is proposing. We need to stand up and fight on their behalf, and on behalf of the people providing them with invaluable support services. 

What can you do? 

  1. Sign the petition: https://awethu.amandla.mobi/petitions/save-victim-support-services-demand-rights-for-victims-of-crime-now
  2. Make a submission to the Department of Social Development before Wednesday, 16 September 2020. Send your comments by email to: 

Siza Magangoel: Sizam@dsd.gov.za

Luyanda Mtshotshisa: LuyandaMt@socdev.gov.za

Anna Sithole: Annas@dsd.gov.za

To learn more about how to make a submission, please read the ‘Making Your Submission’ toolkit here: https://rapecrisis.org.za/wp-content/uploads/2020/09/VSS-Submission-Toolkit.pdf 

      3. Spread the word 

The Victim Support Services bill will not achieve much beyond asking NPOs to register as service providers, with failure to register possibly resulting in imprisonment. The benefits of the bill (especially if we centre the experiences of crime victims) are dubious, but the consequences to victim support services would be far-reaching. We need to make our voices heard by signing the petition and making submissions to the Department of Social Development (before Wednesday, 16 Sept) as comment to this damaging bill.

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Access to justice in times of uncertainty

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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.

Read more

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A summary of the Sexual Offences Regulations

Sexual Offences Courts in South Africa

What is a sexual offences court?

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.

Special facilities/infrastructure[1]

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.

Sexual offences courts must specifically have the following facilities:

Waiting Area

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.

Testifying Room

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.

Court Preparation Room and Consulting Room

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.

Court Room

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.

Personnel[2]

A sexual offences court will have the following people working in it.

  • A magistrate with special training
  • Two prosecutors with special training
  • Interpreter
  • Intermediary
  • Court preparation officer
  • Court clerk
  • A Legal Aid practitioner

 

A sexual offences court can also have the following people working in it.

  • Court supporter
  • Social worker

Services[3]

Court Supporter

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.

Court Preparation Officer

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.

Staff and Judicial Debriefing

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.

Interpreting Services

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.

Intermediary Services

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.

Special arrangements for hearings

Sign language interpreters

Sign language interpreters can be appointed in matters where the complainant or another witness is deaf and unable to communicate otherwise.

Legal aid practitioners

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.

Complaints mechanisms

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.

Manner of dealing with complainants and witnesses

People working at the court, when coming into contact with complainants and witnesses, must:

  • Use simple vocabulary and avoid technical terms
  • Explain things in a way that is understandable, having regard to the person’s age, vulnerability, maturity, stage of development and whether or not the person has an intellectual disability
  • Give enough detail so that the person understands the information provided to them
  • Give enough time for the person to absorb the information
  • Ask questions from the person to make sure that they understand the information
  • Create an atmosphere that makes it possible for the person to participate
  • Be sensitive to the needs of the complainant

 

 

[1] This is in the Regulations

[2] This is not in the regulations

[3] This is in the regulations

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Sexual Offences Courts Regulations

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Justice for rape survivors

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.

  1. Specialist infrastructure:

    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.”

  1. Specialist personnel:

    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.

  1. Specialist services:

    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.”

 

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PRESS RELEASE: New sexual offences court due to be opened in Bredasdorp on 7 February.

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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.

 

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PRESS RELEASE: Sexual offences courts officially signed into regulation

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sexual offences courts officially signed into regulation.

A ray of hope for all survivors of gender-based violence as sexual offences courts are officially signed into regulation.

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.

Sexual offences courts regulations

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.

Contact Us

Contact: Jeanne Bodenstein

Rape Crisis Cape Town Trust

021 447 1467

jeanne@rapecrisis.org.za

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PRESS STATEMENT: President fails to announce funding for GBV response

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In a pre recorded address to the nation today, President Ramaphosa made a number of commitments to end Gender Based Violence in South Africa. Part of his speech included a roll call of dead women, who died at the hands of men.

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Part 4: The Future of Sexual Offences Courts in South Africa

It’s 2019, and in May the country voted in its sixth democratic election. Like in 1993, Doc Martens and plaid are in fashion. Ministers and Presidents have changed again, with the Department of Justice (DOJ) getting the youngest Minister in President Ramaphosa’s Cabinet – Ronald Lamola.

Read more
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Email: communications@rapecrisis.org.za
Complaints: complaints@rapecrisis.org.za

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