Mail & Guardian reporter
The state has dismally failed South African women who are raped, according to a new study.
Coming at a time when the lobby seeking to protect the interests of rape victims has become more vocal, the research shows that the number of people convicted for rape, as a proportion of rape cases reported, declined dramatically between 1987 and 1996.
In 1987/88, 27,1% of all rapes reported resulted in a conviction, compared to 7,3% in 1995/96.
These findings are contained in a new book, Unshackling the Crime Fighters, which is available from the South African Institute of Race Relations.
The study, by Martin Schnteich, notes that criminal cases are usually prosecuted only where there is a reasonable prospect of obtaining a conviction. The study says that rape figures are particularly revealing.
It points out that technically, rape can be a difficult crime to prove.
“The police use forensic evidence and district surgeons’ reports to build up their case. The prosecution usually relies on the evidence of a single witness who is also the complainant,” Schnteich notes.
“The forensic evidence available to the prosecution has to be acquired in a procedurally correct manner, be uncontaminated, and be presented to the court according to arduous laws of evidence.
“A successful rape prosecution therefore requires the co-operation of at least three government departments: health (the district surgeon), safety and security, and justice.
“Police officers and prosecutors require a certain level of skill and experience to be able to secure a conviction in a rape trial. Figures show that the state has failed the country’s rape victims dismally.”
Figures quoted show that there was a steady increase in the number of rape cases reported between 1987/88 and 1995/96, rising from 19 368 to 50 481.
In the same time, the number of cases prosecuted declined steadily, from 10 424 to 7 544, or from 53,8% as a proportion of reports to 14,9%. The number of convictions declined from 5 243 to 3 697.
A major reason for this is that the police service is understaffed and badly tried. Since its emphasis is on crime prevention and more visible policing, the police have neglected their detective functions. As a result, most cases are so badly investigated that the prosecution is not prepared to take them on.
The national experience level of prosecutors is, on average, only three- and-a-half years, also affecting the ability to secure convictions.