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Tag Archive for: RSJC

Access to Post Rape Care, Everywhere

Advocacy, Get Involved, Making Change, Road To Justice, RSJC

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

17th February 2022/by Sino
https://rapecrisis.org.za/wp-content/uploads/2021/03/RSJC-SLIDE-IMAGE.png 268 705 Sino https://rapecrisis.org.za/wp-content/uploads/2020/10/RC-logo-color-1.png Sino2022-02-17 14:02:192022-02-17 14:13:39Access to Post Rape Care, Everywhere

Access to justice in times of uncertainty

Counselling, Road To Justice, RSJC

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

9th April 2020/by Sino
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Sexual Offences Courts Regulations

Advocacy, RSJC
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.”

 

4th March 2020/by Sino
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PRESS RELEASE: Sexual offences courts officially signed into regulation

Advocacy, Road To Justice, RSJC
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

6th February 2020/by Sino
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PRESS RELEASE: Regulations relating to Sexual Offences Courts to be Gazetted soon

Road To Justice
Read more
20th September 2019/by Sino
https://rapecrisis.org.za/wp-content/uploads/2019/09/Booysens_Court_Opening_048-e1567726481746.jpg 1667 2500 Sino https://rapecrisis.org.za/wp-content/uploads/2020/10/RC-logo-color-1.png Sino2019-09-20 11:06:072019-09-20 11:37:40PRESS RELEASE: Regulations relating to Sexual Offences Courts to be Gazetted soon

PRESS STATEMENT: President fails to announce funding for GBV response

Road To Justice, RSJC

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.

Read more
6th September 2019/by Sino
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Join the Journey

RSJC

The Rape Survivors Justice Campaign (RSJC) and its coalition partners intend to hold government accountable for the promised roll out of specialised sexual offences courts. These courts are specialised in offering the right kind of support to rape survivors when they need it most, and it is this factor that we believe is key to […]

Read more
25th June 2019/by rapecrisisblog
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Factors that influence rape case attrition

RSJC

As discussed in our previous article, attrition of rape cases in South Africa is a matter of serious concern. The RAPSSA Report found that there were many different factors influencing the attrition of rape cases as they move through the criminal justice system. Some of these were due to the inefficiency and inconsistency of investigating […]

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19th June 2019/by rapecrisisblog
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From reporting to trial – how rape cases fall through the cracks.

RSJC

Crime is a systemic problem in South Africa and every year a huge number of cases are reported to the police. In 2017, for example, there were 49 660 sexual offences cases reported to the police in South Africa. But in how many of these cases does the offender actually go to jail? You would […]

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19th June 2019/by rapecrisisblog
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Court Room Architecture as Change

Advocacy

Attendees From the left: Nkhumi Tshivhase, Tohoyandou Victim Empowerment Centre. Jeanne Bodenstein, Advocacy Coordinator Rape Crisis Cape Town Trust and Kathleen Dey, Director of Rape Crisis Cape Town Trust. Photography by: Masimba Sasa The Rape Survivors Justice Campaign was delighted to attend the opening of the new Booysens magistrate’s court. Although it was a campaign […]

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25th April 2019/0 Comments/by rapecrisisblog
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