South Africa is developing a three-pronged approach to fight the scourge of rape, with a national strategy on course to be piloted in at least three provinces by June next year.
”The rationale behind the anti-rape strategy is to deal with the high levels of sexual violations within the country,” says advocate Thoko Majokweni, head of the National Prosecuting Authority’s sexual offences and community affairs unit.
She says the interdepartmental strategy will develop a tri-pillar plan, focusing on prevention, responses and support interventions.
”One of the key things for prevention is to determine why offenders offend and why victims are victimised. The reasons why people rape, be they children or adults.”
Gaps in the criminal justice system also need to be identified, as well as what specific support rape survivors need, such as anti-retrovirals, as opposed to other victims of crime.
Majokweni says they will use a broad definition of rape to include all sexual violations, such as sodomy.
Research has found that certain response mechanisms are excellent, such as the Thuthuzela model, which the government intends using as its ”response vehicle”.
The model essentially sees the investigative side centralised at a single venue in a court-directed approach, where survivors are supported from the beginning by sensitive police personnel, without having to endure further trauma at the hands of frigid officials.
”We think as a government we have set achievable goals. We are not over-ambitious; it’s something we have to do.”
Asked about the contesting of official rape statistics, Majokweni says she does not believe assertions that South Africa is the rape capital of the world, with some even suggesting that one rape occurs every 26 seconds.
”People are more outspoken about crimes generally, and sexual crimes particularly. This has put the issues squarely on the table and made people more confident about coming out.”
Research showed that in 2000, more than 52 000 cases of rape and attempted rape were reported, of which 73% fell through and only 27% were prosecuted.
Majokweni did not want to disclose the latest research figures around rape in the country, especially compiled to inform the anti-rape strategy.
However, the South African Police Service had noted last year that contact crimes were not decreasing.
”Rape has shown a rise. It is debatable whether this is because of more reporting of cases or because there has been an increase in incidents. We are unclear of the causality of the rise in figures.”
All three spheres of the government are involved in developing the anti-rape strategy, with provincial and local governments destined to play a significant role.
She says it is difficult to quantify the resources needed for the strategy because it is still in its nascent phases.
Asked how the question of recidivism among offenders could impact on the anti-rape strategy, Majokweni said the Department of Correctional Services has a special role to play to ensure the strategy’s success.
”If we are not strong on rehabilitation and correction of behaviour, it [the plan] will fail … We also need to develop a new civic morality and relook at how we socialise ourselves.”
The focus is shifting from retributive justice to a more corrective form of justice — where not only convicted criminals but also offenders in communities, who are sometimes protected by these communities in instances such as spousal rape, are targeted.
”All South Africans must be aware of rape and be intolerant of rape, so that we do not excuse rape and say, ‘She shouldn’t have worn that mini-skirt.’ We need freedom for the girl child, the woman to be who and where she wants to be [without the threat of harm],” said Majokweni.
Samantha Waterhouse, of Rape Crisis in Cape Town, says NGOs are worried about the lack of civil society involvement in the strategy and the fact that the plan is now seemingly embargoed.
”The figures really shouldn’t matter, whether it’s 50 000 rapes, 100 000 rapes or 200 000 rapes a year. Delete the rape statistics if you want, but let’s get the plan out there for discussion,” she said.
The conservative consensus among NGOs is that approximately 250 000 rapes occur annually and one in five rapes is unreported.
She says rape is a complicated issue and needs a complicated response because evidence suggests some rapes, such as gang rape and rape of minors, elicits a much stronger response from the authorities than, say, date or spousal rape.
With broad-based community education strategies it is possible to change people’s mind set and combat the general perception that women belong to men.
”There is a mass denial of rape in society and if we want to effect lasting change, then the president, premiers, business leaders and civil society must put the eradication of rape top of the agenda,” says Waterhouse.
Carrie Shelver, of People Opposing Woman Abuse, says South Africa needs another look at the current ”conservative” legislation and policies regarding rape.
”We have all these pieces of paper, but at the end of the day the problem remains implementation and how government chooses to prioritise spending.” — Sapa