Victim Empowerment SA has sadly come to an end. We have enjoyed all of your feedback and hope that you continue to use the blog as a resource. However, we will no longer be responding to your posts or comments.
All the best for 2012
The VESA team
Ministers shop while communities continue to be terrorized by rapists
18 April 2011
Last month there was a furore when it emerged that a huge delegation of South African ministers and assorted hangers-on had forced themselves onto the guest list of the UN’s gender summit and then failed to attend a single session. And while Minister Nosiviwe Mapisa-Nqakula and others were spending thousands of taxpayers’ rands on lavish hotels, under-funded community organizations were struggling on to halt the scourge of sexual violence.
The recent spate of marches and protests across the country shows the extent to which communities have had enough of shoddy – if not non-existent – provision of care to victims of rape and sexual assault. On Friday 15 April 2011 a wide cross section of community-based organizations marched on the KwaZulu Natal legislature in protest.
The level of anger is so high that when Bongiwe Zondi of Justice and Women asked how many people would be attending from Sweetwaters township near Pietermaritizburg, the reply was: “How many buses can you send to fetch us? We are tired of rapists terrorising our community!”
The marchers said that even if these rapists are arrested, they are generally swiftly released on laughably low bail and allowed to return to the community to intimidate victims and witnesses into withdrawing charges. Rape survivors are often not provided with post-exposure prophylaxis to prevent HIV infection and also have to contend with shocking levels of ignorance and misogyny both from the police and the justice system.
Zondi recently took on the case of a lesbian who was raped. The magistrate in the matter chose to declare her an unreliable witness on the grounds that she had two children, and therefore could not really be a lesbian.
These are the very real challenges that community-based organisations face on a daily basis. But the National Policy Framework (NPF) mandated by the 2007 Sexual Offences Act, which could address many of these difficulties, is now more than two years late and has not been properly consulted around. The organizers of Friday’s march handed over a petition to the Legislature calling for movement and consultation around the NPF. Their action marks the start of a series of protests planned for the next few months by members of the Shukumisa Campaign to demand better treatment of victims of sexual violence.
The NPF needs to ensure that there are
- Clear standards for provision of services to victims of rape and sexual assault;
- Clear time-frames for implementation;
- Clear roles for civil society groups involved in victim support services
- Adequate services for people with disabilities, children and gay and lesbian people.
For more information please contact:
Amber Howard, Justice and Women 084 366 8086
Lisa Vetten, Tshwaranang 082 822 6725
Joan van Niekerk, Childline 083 303 8322
The KZN march was organized by Justice and Women (JAW), Lifeline/Rape Crisis, Family and Marriage Society of South Africa (FAMSA), Gay and Lesbian Network (GLN), Vulamehlo, Masiphile Projects, and Umphithi Men’s Forum
Filed under LAW AND POLICY, NEWS ANALYSIS
Recommendations for South Africa
By Emily Pizzale
Not that I am an expert by any means, but using the knowledge and experience I’ve gained over the past three months, I have come up with a short list of recommendations for South Africa and how as a country she could improve her delivery of services and actions of the criminal justice system.
- Provide training for law enforcement and medical examiners regarding how to assist rape survivors in the most sensitive and effective way. Survivors of rape should not have to worry about the treatment they will receive from the officer they report their rape to or the medical/forensic examiner who collects the evidence for their case. There is no excuse for the incorrect collection of evidence.
- Ensure the proper documents, such as information on compulsory PEP services and HIV testing, are available at their proper locations such as rape crisis centers, police stations, hospitals and clinics. A survivor needs to be made aware of the many services that are available to them.
- Focus on opening more all-in-one clinics such as Thuthuzela, which provide everything a survivor of rape could need all in one place, such as counseling services, police and medical care. Having to be shuttled, or rather finding his or her own transport from place to place puts unneeded stress on a survivor of rape; when everything is in one place this is one less thing a survivor has to worry about.
- Implement education campaigns aimed at debunking harmful myths on rape, such as “women asking for it” based on their style of dress or alcohol or an intoxicated state implying consent. In my opinion, the younger the age these campaigns are targeted at, the better the results. Knowledge is the way to lasting change for the future and South Africa’s youth are South Africa’s future.
- Reform the court process in that; a survivor of rape should be treated as a key component to his or her own case. A survivor should be heard and her or his report of what happened should hold heavy sway in the case. A survivor should be guaranteed the same rights as his or her attacker. A survivor should be not only allowed but also encouraged to both attend and give a statement at all parts of a case including but not limited to the bail trial, the trial and the parole trial.
- Provide a prosecutor for the victim whose main goal is to protect the victim from further harassment during the court trial. A survivor of rape should not be afraid to take their case to trial; seeking justice should not include a side of harassment. It will not be the prosecutor’s job to decide or prove that the attacker is guilty or innocent but rather to simply look out for their client’s (the survivors) best interests. Only both parties can benefit from the truth being exposed.
- Compensation must be provided for the medical services a survivor of rape must pay for, the time spent away from work and the counseling services he or she may require among other expenses. A general fund must be set up and the funds used effectively to provide monetary compensation for survivors. A survivor should at the very least be provided with a safe place to stay, food, running water, childcare and transportation if she or he cannot provide these things for themselves.
- Information and notification should be provided of how a trial will work, what the survivor can expect, and what is not legally required of them to answer. A trial can be a very intimidating and confusing space for an already traumatized survivor and the survivor needs to be informed of what will happen. Knowing what to expect and how to deal with it can instill confidence in the survivor, which can potentially lead to a more successful case for them.
- Increase the conviction rate for rapists. There is only a 12% conviction rate here in South Africa, not to mention that most go unreported and many that are reported never go to trial. There is a very small portion of rape cases that actually make it to trial and only about 1 out of 10 of these cases end in a conviction. We should not be afraid of convicting criminals; if the evidence is there to support the crime, they must face their sentence and learn from their mistakes. Allowing rapists to go free only increases the chances that they will rape again as there was no punishment for their actions and also further discourages survivors from reporting their rapes as they see that there will be no conviction for their attacker anyways. A survivor should not feel as though they will go through the complicated and traumatic court process entirely in vain.
- The most important thing we can offer to survivors of rape is to restore a feeling of safety. Rape is a deeply personal and invasive crime perhaps unlike any other. Our criminal justice system should respect the victim every step of the way and certainly not be the cause for additional trauma, harassment or stress. There should be respect for the victim every step of the way, whether it’s supporting them, informing them or protecting them from further harm. Anyone who encounters a survivor of rape should treat them with the utmost respect and care taking into mind the trauma they have been through and how they must be feeling.
Many of these suggestions require no change in the existing legislation but rather the legislation already in place needs to be adhered to. These recommendations should therefore be quite easy to attend to. Service providers need to be held accountable for their shortfalls and individuals who violate the rights of the survivor should be prosecuted and fired for doing so. Service providers are there to do just that, provide services; if they are not doing their job they are essentially, useless. If these 10 simple recommendations are even partially met South Africa could see a great improvement in the overall satisfaction with service providers and the criminal justice system. Individuals need to speak up and hold their fellow employees and employers accountable and strive for the best that they can do. As South Africa has seen before, one voice or one person can make all the difference.
Filed under INFORMATION AND RESOURCES, NEWS ANALYSIS
PRESS RELEASE: NO MONEY IN WOMEN’S MINISTRY TO CARRY OUT NATIONAL CONSULTATION
From the Women on Farms Project
13 April
Women’s organizations were dismayed to learn this week about the planned “National Consultative Meeting” on the proposed Gender Equality Bill called by the Department for Women, Children People with Disabilities (DWCPwD). This NCM is scheduled to take place on 14th April 2011 in Pretoria; however, very few civil society organizations are even aware of the initiative and the department is making no resources available to support the participation of organizations in the consultation. The Department is effectively saying: if you make your way to Pretoria, great, if not, there is nothing we can do about it.
This is completely unacceptable, especially in the light of recent media reports about the huge expense incurred in sending a delegation of 49 government officials, including eight ministers and deputy ministers (at a cost of R81,104 per business class flight) to New York for two-weeks. The delegation is reported to have not attended most of the sessions of the United Nations Gender Summit where they were supposed to represent us.
Not only are we nowhere near reaching gender equality, many of the gains we made for women in our initial democracy seem to be on the reverse with devastating consequences, especially for poor women. South Africa is not only the most unequal society in economic income terms, but also one of the most violent societies for a woman to live in.
We further note with concern that there is a recent trend for the Ministry of Police to exclude gender-based violence in its annual crime statistics release. It is unacceptable that while violence against women in South Africa is getting worse, it is falling off government’s agenda as a national crisis facing society.
The undersigned organizations call on:
- Public Prosecutor Madonsela to investigate the allegations about the wasteful expenditure made in respect of the trip the UN Gender Summit.
- President Zuma to illustrate to women voters that the ruling party is serious about gender equality by intervening to ensure that an adequate budget is allocated to the National Consultative Meeting to ensure a meaningful national consultation on this crucial Bill. If adequate resources are not availed, then the meeting cannot be called a national consultation and should be reconstituted as a meeting of government officials.
- The Minister of DWCPwD to postpone the meeting, send invitations to a broad spectrum of relevant civil society organisations, and lobby the Office of the President for the necessary resources to enable the participation of civil society in the consultation.
FOR FURTHER INFORMATION, CONTACT:
Fatima Shabodien Women on Farms Project 072 795 5857
LIST OF SUPPORTING ORGANISATIONS
1. Rape Crisis Trust, Cape Town
Jennifer Thorpe
2. FAMSA CAPE TOWN
Noelene Blekkenhorst
3. ENGENDER
Bernedette Muthien
4. ACTION ON ELDER ABUSE
Pat
5. Sustainability Institute
Eve Annecke
Eve@sustainabilityinstitute.net
6. Rural Education, Awareness and Community Health (REACH)
Claudia Lopes
7. Triangle Project
Jill Henderson
8. SWEAT
Sally Shackleton
9. Women’s Legal Centre
Aretha Louw
10. Southern African Media and Gender Institute (SAMGI)
Arnelle Meyer
11. Community Law Centre, UWC
Sam Waterhouse
12. Western Cape Network on Violence against Women
Claire Mathonsi
13. Tswaranang Legal Advocacy Centre
Lisa Vetten
14. Masimanyane Women’s Support Centre
Lesley Ann Foster
Filed under LAW AND POLICY, NEWS ANALYSIS
MEDIA RELEASE: SEXUAL VIOLENCE = SILENCE PROTEST 15 APRIL 2011
On Friday 15 April over 1200 1in9 Campaign volunteers, both women and men, will participate in the 5th annual ‘Sexual Violence = Silence’ Protest. The protest, organised by the 1in9 Campaign in conjunction with the Rhodes University Dean of Students Office, aims to show solidarity with rape survivors who are silenced by sexual violence. Both staff and students have participated in previous years and this year several members of the university’s senior management will be taking part for the first time.
DETAILS OF THE PROTEST:
15 April from 06h00 – 23h00
Great Hall, Rhodes University, Prince Alfred Street, Grahamstown, Eastern Cape
BACKGROUND ON THE PROTEST:
For the past 5 years student activists at Rhodes University, led by the 1in9 Campaign, have staged this protest in order to draw public attention to rape and to demand better services for survivors. Government crime statistics reveal that 72 500 women are raped in SA annually. Of these only 4% are successfully prosecuted and less than half of 1% of perpetrators will serve any jail-time. The 1 in 9 statistic, also the name of the Campaign, is derived from research conducted by the Medical Research Council in 2005 that focused on reporting and non-reporting of rape survivors. These statistics translate to approximately 650 000 rapes annually.
These numbers are unacceptable. Rape limits human potential; it silences people, makes them feel less than human, keeps them afraid and creates isolation. Our protest on the 15th of April affirms our solidarity with the 8 in 9 women silenced by rape and sexual violence. Freedom of Speech is denied to victims of sexual violence. Despite the laws and policies that have been put in place, patriarchal attitudes and misogynist practice render laws and policies meaningless in the lives of many rape survivors. Survivors face victim-blaming, secondary victimisation and social stigma when they speak out about the violence they have experienced. State service providers do not always respect the rights of rape survivors and fail to comply with norms and standards set out in national legislation and policy; these are just some of the reasons why reporting of rape cases remains low.
PURPOSE OF THE PROTEST:
- to highlight the state’s silence around sexual violence and its inability or unwillingness to support rape survivors and successfully prosecute rapists.
- to symbolise all rape survivors whose voices are silenced by rape and to represent the 8 in 9 rape survivors who do not report their violation.
FORMAT OF THE PROTEST:
There are FOUR different kinds of participation in the day-long protest on 15 April:
- Silent women: T-shirts with ‘sexual violence causes silence’ on the front & explanation on the back (gagged all day, no food or water)
- Rape survivors: T-shirts with ‘rape survivor’ on the front & explanation on the back
- Men in solidarity: T-shirts with ‘solidarity with women who speak out’ on the front & explanation on the back
- Women staff members & students with health issues: T-shirts with ‘solidarity with women who speak out’ on the front & explanation on the back
PROGRAMME
06h00 Gather at Great Hall on Friday 15 April.
06h00 – 07h00 T-shirt distribution
07h00 – 07h15 Briefing and address by organiser
07h15 – 07h45 SILENCING
07h45 – 08h15 Group photos in front of Main Admin of ALL, then SILENCED, SURVIVORS and MEN IN SOLIDARITY.
08h30 – 12h30 Lectures & tutorials as usual. Protesters to remain visible.
12h30 – 14h00 DIE-IN outside the library in the Quad. ALL (silenced, survivors & men is solidarity) PROTESTERS GATHER.
14h00 – 17h00 Lectures & tutorials as usual.
17h00 – 17h30 ALL volunteers gather outside Main Admin and process from via Drostdy Arch down High Street to the Cathedral
17h30 ADDRESS BY ORGANISER & BREAKING THE SILENCE!
17h30 – 19h00 Debriefing, discussion & reflection
19h00 – 19h30 GAP ‘Take Back the Night’ March
19h30 Supper at the Great Hall
20h30 Breaking the Silence concert at the Great Hall
FOR MORE INFORMATION CONTACT:
Larissa Klazinga
Rhodes Student Services Officer
1in9 National Steering Committee Member
0824305707
The One in Nine Campaign, founded during the Jacob Zuma rape trial in 2006, aims to mobilise support for survivors of sexual violence; to educate and change attitudes about sexual violence and to monitor the criminal justice system and court processes in rape cases. Members of the Campaign include: AIDS Legal Network, Centre for the Study of Violence and Reconciliation, Engender Health SA, Forum for the Empowerment of Women, Masimanyane Women’s Support Centre, OUT, People Opposing Women Abuse, Rape Crisis, Rhodes University, South African NGO Coalition, Sonke Gender Justice, Thohoyandou Victim Empowerment Programme and the Treatment Action Campaign. For more information visit www.oneinnine.org.za
Filed under NEWS ANALYSIS
A Reflection on South Africa’s Criminal Justice System
By Emily Pizzale
I came to South Africa three months ago knowing very little to nothing about how the current criminal justice system and law enforcement functioned here. I had been made aware by the media’s narrow scope that one of South Africa’s big issues was rape, but I knew little more than that fact.
When I first began my internship at Rape Crisis Cape Town Trust (RCCTT) I started with a LOT of reading. I read so much my eyes watered and my head hurt, but I also learned a lot. Understanding South Africa’s criminal justice system and how it was supposed to work was very helpful in understanding how it fails to work.
It was very frustrating for me to learn how inefficient the system was. I had heard far and wide about South Africa’s incredibly liberal and human rights based Constitution developed by Nelson Mandela and the African National Congress (ANC), as well as the strong emphasis it placed on gender equality. But upon arriving to South Africa and RCCTT, I heard horror story after horror story about rapists being acquitted of all charges, evidence not being properly collected, victims being harassed and harshly cross examined during their trial and most importantly and saddest of all, rape survivors being unable to access the multitude of rights set out for them in their constitution.
Upon reading the constitution I realized the rumors to be true, it was a very liberal document, a constitution I wished my own country’s were modeled after, but I soon came to the realization that these rights were not being doled out to everyone equally. There was a gap in the legislation and the services actually being provided.
Police officers and medical examiners were not trained in how to best assist a survivor of rape. They were often harsh and disbelieving as well as guilty of victim blaming. Survivors were forced to travel from place to place as all the services they needed were hardly ever located in one safe and convenient location. Defense attorneys often revictimized the survivor during the trial process as the survivor was treated as little more than a witness to the state’s case and therefore was subject to cross examination, often without the protection of a lawyer.
Hearing all of these stories was a very difficult thing for me to deal with on a day-to-day basis but I stuck with it in my hunger for knowledge and understanding. I couldn’t see the linking factor between how such wonderful human rights policies could exist and then how victims of crime were actually treated. What it came down to was that service providers simply needed training and regulations that were set in place need to be followed or else the service providers would face a penalty. After all, the regulations were there for a reason – to improve services.
It was very interesting for me as an American to learn about and eventually understand the court process in South Africa and the way in which a survivor of rape is represented and used in her or his own case. It was surprising and frustrating to me that a survivor of rape is entitled to very little participation in his or her own case and is practically barred from the bail and parole decisions. A survivor of rape is also not well protected by their lawyer and is subjected to such harsh cross-examination it is almost as if they committed the crime. I am very thankful that I have learned so much about South African legislation in such a short amount of time but now I need to figure out what to do with this knowledge and how to put it to better use.
Filed under NEWS ANALYSIS
Rape Crisis Statement about “Four Men Raped by Bosses” story in the Sowetan
Statement on the Sowetan Article: “Four men raped by bosses” by Anna Majavu. Accessible here
13 April
Rape Crisis Cape Town Trust was disheartened to read the article “Four men raped by bosses” in the Sowetan today. Although we cannot comment on a case that has not yet been processed by the criminal justice system (CJS) we felt that the article raised some important points for us that we would like to comment on since we have a vision of a South Africa in which all rape survivors are supported in all their interactions with the CJS.
First, forcing someone to perform oral sex on you, or performing oral sex on someone without their consent is rape.
In South Africa our legislation clearly states that “any person who unlawfully and intentionally commits an act of sexual penetration with a complainant, without the consent of the complainant is guilty of the offence of rape”, and that penetration includes penetration to any extent by “the genital organs of one person into or beyond the genital organs, anus, or mouth of another person.” If this happens to you, regardless of your gender, it is rape. Rape Crisis Cape Town Trust Director, Kathleen Dey, says
“It is positive that male rape survivors have come forward to report a case and we hope this will encourage other male rape survivors to come forward in spite of the challenges they face”.
Second, we were alarmed at the reports that the police may not have opened a case when the survivors first approached the police station immediately after the incident. Police have clear responsibilities with regards to rape survivors which must be fulfilled.
The first hours after a rape are a critical period in which experts must collect forensic evidence relating to the rape. When a person reports a rape at the police station the officers on duty have clear responsibilities according to the Criminal Law (Sexual Offences) Amendment Act 32 of 2007, the National Policy Guidelines for the Sexual Offences Act, and the SAPS National Instruction 3/2008 Sexual Offences. These include:
- To attend to you without delay, in a private, quiet area or room away from the police station reception area
- To open a rape docket for your case, to provide you with a written case number, to provide you with his/her contact details, and to explain the roles of each member of the investigating team in the investigation of that case
- To secure the site where the rape happened, and to ensure the collection of evidence at the crime scene
- To take an initial brief statement from you, which should be augmented by a more detailed statement between 24 hours and 36 hours after the rape incident has been reported and to inform you of your right to make a supplementary statement at a later stage
- To ascertain whether you need immediate medical attention, and if you do need it, they should arrange it immediately. They should also arrange for you to undergo a forensic medical examination in order to collect evidence about the perpetrators.
- To provide you with information about your right to access Post-Exposure Prophylaxis to prevent the transmission of HIV
- To assist you with information about where you can obtain post-rape psychosocial support services, such as counselling
The roles of police officers are clearly defined. While many police stations in the Western Cape do offer an excellent service, the Director of Rape Crisis Cape Town Trust, Kathleen Dey, says
“we urge all of our SAPS partners to abide by these roles and to provide sensitive and caring support to survivors of rape, regardless of their gender”.
Third, myths surrounding male rape are incredibly powerful. Rape can happen to anyone, of any gender and sexual orientation.
After a rape men may experience similar behavioural, psychological and physical symptoms to those that women experience. What differs is the public’s reaction to male survivors.
The myth that men are able to protect themselves, or should be able to protect themselves from rapists, is incredibly powerful. In South Africa beliefs about masculinity describe men as ‘strong’ and so people might believe that men should be able to protect themselves from being raped. This is not the case. Force is used by rapists to subdue victims, and rape can often be incredibly violent. Nobody should have the credibility of their story questioned for not being able to fight off a rapist as this is not always possible, regardless of your gender.
At Rape Crisis we offer counselling and court support to rape survivors (as well as their loved ones) of any gender. We urge rape survivors to report their cases, and to seek out counselling and support to assist them in their journey to healing.
Contact us on:
021 447 1467 (Office Line)
021 447 9762 (Counselling Line Observatory)
021 633 9229 (Counselling Line Athlone)
021 361 9085 (Counselling Line Khayelitsha)
www.rapecrisis.org.za (On your computer)
rapecrisis.mobi (On your cell phone)
To download a booklet You and Rape, go to: http://www.rapecrisis.org.za/resources/you-a-rape-booklets
Filed under NEWS ANALYSIS
The Right to Remain Silent
By Rumbi Goredema
A recent debate within the feminist and anti-gender-based violence community erupted over a petition on corrective rape. The online petition was accompanied by an image of a young black lesbian woman, swollen, bruised and battered from a violent and terrifying attack. Before the petition emerged, articles had been circulated revealing in detail the brutality of her attack. The LGBTI advocacy group, the Triangle Project released a statement arguing that the use of such images often reviolates the survivor in question, and sensationalises sexual violence, rather than drawing attention to the patriarchal, homophobic systems that produce such violence. On the other hand, the (fairly) reasonable point has been made that telling the stories of survivors (without editing out any of the horrific details) and including images has the effect of drawing people’s attention to the urgency of the gender-based violence crisis South Africa is facing.
The debate is an important one, and it raises several questions about the use of survivors’ stories in advocacy work. Whilst it is true that no survivor’s story stands alone, and rape is becoming the story of too many women in this country , it is also true that every survivor’s story is her own to do with what she will. To use a survivor’s story without her permission may be tantamount to a reviolation of the rights of someone who has already had her most inalienable rights assaulted.
Rape Crisis has a programme called Speak Out that provides a platform for rape survivors who have worked through their trauma to share their stories with society. They do thisin the hopes of changing the context that produced their attackers. The amazing thing about Speak Out is that it represents an expression of the process of taking back the power that was so violently taken from a survivor at the moment of her rape. Speak Out is not for everyone, and through my work with Rape Crisis, I have met survivors who have worked through their trauma, have integrated it into their narratives, and who choose to make a difference in other ways, that do not involve sharing their stories. Empowerment does not always mean living the public identity of a rape survivor, and, through that, representing other survivors; sometimes it can mean living with the story of what happened to you on your own terms, even if those terms include silence. The courage that connects both survivors who speak out and those who choose to remain silent is the courage to decide for themselves what will be done with the story of their trauma.
The debate raised by the corrective rape petitions highlights the importance of being clear about the ways in which we draw on survivors’ stories, and of respecting the rights of survivors to their own narratives. If we do not reflect on how we make use of the stories that tell of violation, we run the risk of interrupting the difficult process of reclaiming one’s life from the trauma of gender-based violence, or, worse, reviolating survivors.
Filed under NEWS ANALYSIS
Shukumisa Press Release: Forensic nurses vital to providing proper care for rape survivors
11 April 2011
Forensic nurses vital to providing proper care for rape survivors
With nursing in the spotlight following last week’s national summit convened by the Department of Health and DENOSA’s upcoming conference this week, organizations forming part of the Shukumisa campaign call on the Department, nursing bodies and unions to ensure forensic nursing is placed high on the list of priorities.
Forensic nursing is an overlooked but vital field of nursing crucial to providing specialised care to rape survivors. Forensic nurses are trained to perform forensic examinations and testify in court as expert witnesses. This means they often know more about the care and treatment of rape patients than the average doctor. They are also an answer to the shortage of doctors in rural areas.
But forensic nursing is not recognized as a specialty by the South African Nursing Council (SANC).
In addition, courts in some provinces do not recognize forensic nurses as expert witnesses competent to testify knowledgeably on the findings of the medico-legal examination.
The SANC failure to recognize forensic nursing as a specialty means they do not qualify for the
Occupation Specific Dispensation (OSD). There is no uniform rate of pay for forensic nurses, which means they often earn low wages for doing work that medical officers are paid much more for doing – undermining the principle of equal pay for work of equal value.
This has led to a situation where we cannot retain skilled forensic nurses and other nurses become discouraged from training in this area.
But, most crucially, it also undermines the government’s policy which promised to increase rape survivors’ access to quality health services.
In addition to asking DENOSA to table this vital issue at their conference, the Shukumisa campaign calls on:
- the Director-General of Health to convene a working group including of medical practitioners, nursing
professionals, NGO service providers, academic teaching institutions and other relevant
stakeholders to determine the content, length, scope and nature of training to forensic
nurses.
- The Department of Health to develop and gazette directives around forensic nurses;
- The Department of Health to fund the posts of forensic nurses employed by
organisations in the non-profit sector;
- The SANC to re-examine, as a matter of urgency their unwillingness to recognise forensic nursing as a specialty.
For more information please contact: Boogie Dlamini, WMACA (forensic nurse) 082 458 7448
Shaheda Omar, Teddy Bear Clinic 076 236 0735
Debbie Harrison, Lifeline 082 445 3599
Lisa Vetten, Tshwaranang 082 822 6725
Filed under NEWS ANALYSIS
Rape Crisis Cape Town Trust Statement on the #itsnotrapeif Twitter phenomenon
8 April 2011
Rape Crisis Statement on the #itsnotrapeif Twitter phenomenon
We heard via the online grapevine about a revolting Twitter hashtag topic – #itsnotrapeif – and due to some masochistic compulsion we clicked on it to see what people were saying. This tag is devastating for the rights of survivors, and fuels myths that survivors of rape deserved what they got.
Rape in South Africa is a crime that is affecting hundreds of thousands of women, girls, boys and men. This is no joke. It is a crime that is clearly defined in law as:
Any person who unlawfully and intentionally commits and act of sexual penetration with a complainant, without the consent of the complainant, is guilty of the offence of rape.
Consent cannot be given if you are forced by violence or the threat of violence to yourself, to a loved one or to your property. Consent cannot be given if you are drunk, drugged, asleep or unconscious. Consent cannot be given if you are younger than 12 years old or mentally challenged. Consent cannot be given if you are forced to ‘consent’ by someone in a position of authority over you. For example if you are forced to consent to sex with your boss, your teacher, or your president, because you think that not having sex will affect your position at work, your learning institution, or your status as a citizen. Consent cannot be given if you have been deceived by someone in authority, or a professional, that tells you that you need to submit to a sexual act for your physical, emotional or spiritual health.
Penetration, according to our law, does not only mean penetration by a penis. Penetration covers the penetration of the genital organs of one person into or beyond the genital organs, anus or mouth of another person; the penetration of any other part of the body of one person, or any object, including any part of the body of an animal, into or beyond the genital organs or anus of another person; or the genital organs of an animal, into or beyond the mouth of another person.
It is rape when consent was not given.
A lubricated vagina does not mean that a woman consents to sex. Having a lubricated vagina is not an invitation to penetrate it. An orgasm does not mean consent. An orgasm is a physical response to stimulation of genital organs. An orgasm is not a crime. Rape is. Not wearing any underwear does not mean that a woman consents to sex. Not wearing any underwear is not a crime, rape is. Being drunk or stoned does not mean consent to sex. In fact, being drunk or stoned prevents you from giving consent. Sending someone naked photos of yourself does not mean consent to sex. Taking off your own clothes does not equal consent. If you are afraid for your life, or afraid of violence, and take of your clothes because you think it would be safest thing to do in the situation, you have not given your consent. You have been forced. The sexual positions that are taken up in a rape do not mean consent. Submitting to a particular sexual position after being forced into sex is not evidence of anything. Being a lesbian does not mean consent to sex. Being a lesbian does not mean you need to be shown what you are missing. Sexual orientation is not a sexual invitation. Being a wife, or a husband, or a daughter, or a son, does not mean consent. Rape happens in marriage, domestic partnerships, between ex-partners and between family members.
Think of the way we treat hijacking victims, encourage them not to resist for their own safety, and do not blame them for being hijacked. We do not suggest that if they did not fight the attacker that they deserved it, or consented to it. This is the way rape survivors should be treated. They must act in the way that they believe to be the best for their own safety. This does not mean that they consent to sex. It is only myths and stereotypes about rape that tell us the survivor could have prevented a rape.
Myths and stereotypes are commonly believed stories and ideas that serve a purpose for those who create them and believe them. They are not facts. People believe these myths for a number of reasons. Sometimes we believe myths because we rely on them to support political beliefs that keep women in their place. For example, if you believe that a wife should submit to her husband, you may also believe the myth that she cannot say no in sex. This belief keeps her in her place. Sometimes we believe myths because they psychologically protect us from admitting or accepting the unbearable truth about the scale of rape in South Africa. It’s easy when we hear all of the figures about rape to feel immobilised by the sheer scale, and to have no idea what to do. A myth then is like a cast on a broken arm, allowing it to heal undisturbed for a while.
At Rape Crisis Cape Town Trust we see a number of clients who struggle to believe or admit that what happened to them was rape. Myths support this belief. When you are in denial about what happened to you, you can protect yourself from some of the powerful feelings linked to admitting rape. You allow yourself not to feel ashamed, humiliated, betrayed, sorrow, guilt or the true force of the injustice of what happened to you. Being ready to question these myths, and being ready to admit that what happened was rape, requires courage and strength.
If you are ready to break free of the myths we encourage you to do so. When you have a choice to challenge and expose them, do so. To those survivors who have been subjected to the myth that rape can only happen a particular way, we say to you that you know what happened to you, and you are the most accurate predictor of your own safety. If you need any further support or advice please visit our website http://www.rapecrisis.org.za, or our mobisite on your phone rapecrisis.mobi.
For further information please contact Jennifer Thorpe, Helette Gelderblom or Kathleen Dey of the Rape Crisis Cape Town Trust on 021 447 1467.
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