REPORT OF THE PARLIAMENTARY TASK GROUP ON THE SEXUAL ABUSE OF CHILDREN

12 June 2002

Summary of Submissions (continued)

2.23 Domestic Violence Helpline, Durban

2.23.1 Problems

• Victims often suffer secondary abuse as a result of police and court officials being stressed.
• In the Durban area, the following is observed:
• An increase in the number of younger females between the ages of two-five years who are the victims of sexual abuse. In more than 60% of the cases, the perpetrators are the fathers or stepfathers.
• The perpetrators are often unemployed and are the caregivers to these children.
• The number of male adolescent perpetrators has increased significantly and in approximately 70% of the cases, with the sexual crimes being perpetrated against family members.
• Pornographic materials are being distributed in schools.
• Younger boys at school, who are curious about sex, have been engaging in sexual acts with boys their own age.
• It is estimated that half a million female children are sexually victimized annually.
• one in eight girls are forced to leave school due to pregnancy.
• Many cases, including that of baby Tshepang and the case of the five year old that was raped, should be dealt with effectively by the justice and police systems.

2.23.2 Recommendations

• Greater awareness programmes in communities.
• DNA testing should be decentralized to ensure that the results are obtained speedily and a conviction can be made.
• Courts should provide qualified social workers or psychologists that are trained to work with the abused children in a sensitive manner.
• In camera facilities should be provided so that children are not exposed to perpetrators.
• The Judiciary needs to address the problem of delays in courts.
• The Child Protection Unit (CPU) needs to employ more trained personnel in the area of child abuse.
• Educators who are perpetrators should not be granted bail and not be allowed to teach again.
• There should be a code of conduct that prohibits sexual harassment and sexual relations between educators and learners.
• Social workers should address learners during guidance periods as part of the school curriculum.
• Government and all stakeholders should work together to eradicate child sexual abuse.

2.24 Donald Fraser Hospital

The Hospital receives an average of 25 cases a month. They have a paediatric nurse and a social work team to deal with them, but are in need of assistance to train them in forensic medicine. The Hospital has listed 15 cases, which they have received. 14 of which deal with sexual violence. The single case dealing with neglect involves the only boy child. All 14 showed physical symptoms of sexual violence. The ages of the survivors range from two to 14. The alleged perpetrators include nine relatives, three persons known to the survivors, four strangers and 1 minor. Predisposing factors include mental disabilities and the parents living in another town. All but 1 case was reported to the police. All are pending, except the one where the accused was a minor, who as a result was not charged. Ten of the complainants have been threatened to varying degrees subsequent to laying charges.

2.25 Dr Yusuf Dadoo Primary School

The principal, Dr Yusuf Ismail, has proposed that the following topic be included in the discussions: "The link between sexual molestation and poverty of children in informal settlements".

2.26 Dyanti, Felicia

The presenter from Langa, spoke about her own childhood experience of being abused.
She related the story of being given away by her mother at the age of five years to live with her great-aunt and uncle. She was promised an education but was made to fend for herself and was used as a slave in the house. She was beaten by her aunt and was not allowed to play with other children.
She was raped four times by the aunt's son. Circumstances in the home forced her to run away. She was taken back after being found by a herdsman in the forest. At the age of 11, the great uncle abused her. At the age of 19 years, she went back home.

2.26.1 Problems

• There is a silence in communities to talk about and deal with rape.
• The Presenter's mother does not really understand what has happened to her and has never asked her about it.

2.27 Far North Regional Network on Violence Against Women

2.27.1 Challenges Facing Rural Areas

• There were approximately nine to 34 rapes reported at five police stations per month.
• The trauma centre has attended to 20 cases each month since December 2001.
• There are no shelters for children in these areas. Children who are abused by their father are sent back home.
• Poverty and a lack of understanding of what constitutes sexual abuse are also problematic.
• In one situation, the family of a three year old child who was raped by her father and subsequently died had no money to bury the child.
• Some children are raped on their way to fetch water as well as on their way to school.
• The Child Protection Unit in the area only has eight investigating officers with no support staff or researchers to assist. There is also no computer or typewriter and no four-wheel drive vehicle to get to remote areas. If a case of rape or abuse is therefore reported in a mountainous area, nothing can be done about the case.
• Children have no support when they get to court.
• Rural communities feel as if they have been forgotten.
• When young girls go to court, they testify before everyone instead of giving evidence in camera. There are furthermore no intermediaries which results in the child feeling uncomfortable.
• Teachers need training since they do not know what to do when a child is abused.
• The myth that Aids can be cured through sex with a virgin continues to spread through the rural areas.

2.27.2 Recommendations

• The Government is unable to stop abuse without the assistance from communities. Community leaders can intervene before the child is raped and must therefore be empowered and given the necessary resources to do so.
• The police have to ensure that when rapes occur, cases receive immediate attention.
• Community members should monitor each case.
• Rural organisations require financial assistance.
• Education campaigns are necessary to create awareness about sexual abuse between the illiterate and poor. These campaigns should be carried out using radio instead of television. It is also important to take language into consideration.
• More money needs to be made available to run workshops with traditional healers so that they in turn can inform communities about the myths surrounding sexual abuse.
• The sexual offences court needs to be monitored by Parliament.

2.28 It's Your Move Youth Action Group

The organization is the youth component of the Molo Songololo NGO and works against the commercial sexual exploitation of children. It consists of approximately 50 t0 60 young people. The programme has three funders, namely Molo Songololo, Terres des Hommes and Save the Children, Sweden.

2.28.1 Target groups for CSEC

According to the group, all children and young people (girls and boys) are vulnerable, especially street children. However, children from stable homes are also at risk. In fact, some children are even 'pimped' by their own parents. Often, children are made false promises of work. They end up being trafficked inside South Africa and across its borders.

2.28.2 Factors that impact on the CSEC

The group listed a number of factors that, in the opinion of young children, impact on the commercial sexual exploitation of children. These include:

• An increase in unemployment.
• Low levels of education.
• Changes in the religious and cultural beliefs of society.
• A breakdown in family and community support systems.
• Lack of social welfare and protective services for children.
• An increased demand for black children for sexual purposes.
• The myth that sex with a virgin will cure sexually transmitted diseases such as HIV and Aids.

2.28.3 Who are the offenders?

The group believes that children could be sexually exploited for commercial purposes by individuals at all levels. These include parents, teachers, taxi drivers and club owners. Organised gangs or syndicates and criminal networks are also responsible for the scourge.

2.28.4 Challenges

• All practices of commercial sexual exploitation of children should be stopped.
• Child trafficking networks and syndicates should be destroyed.
• Preventative measures must be put in place.
• Support structures must be established for survivors.
• Laws should be implemented effectively, especially by child protection authorities.
• Adequate and effective sentences should be imposed on offenders.

2.28.5 Recommendations

• Young people should be involved in the fight against CSEC.
• An international children's day against CSEC should be instituted.
• We should focus on the demands or needs of victims.
• Government must start playing an active role in curbing CSEC.
• Legislation and other programmes aimed at eradicating CSEC should be harmonised so that there is a co-ordinated effort to fight CSEC.
• Organisations should share their mechanisms that provide information on CSEC to ensure optimal usage of resources and avoid a fragmented approach to the problem.

2.29 Johannesburg Child Welfare Society

2.29.1 Problems

Concern and awareness have escalated in the area of child abuse yet services have deteriorated. There was a lack of questioning around whether existing child protection services are equipped to deal effectively with the problem and there seems little commitment in allocating resources to this area. The child protection system is in neglect and there is no inter-sectoral budgetary process for this. A large number of State child social services are transferred by the State to the NGO sector. These organisations only receive discretionary subsidies that have decreased over the years. There is a de-linking of state subsidies from civil service salaries. The salaries offered to staff of these NGOs are extremely low. This results in a loss of staff often to the State, which offers more competitive salaries. This creates a gap within the organisation and results in secondary victimization for the children, as the children now have to build a relationship with new (often not fully trained) staff.

Budget cuts affect the level of training that can be offered to staff. Training is an essential component of developing skills in order to deliver an effective service and minimize the risk of secondary abuse. Child social service organisations are no longer able to access traditional funding sources such as corporate donations, subsidies and per capita grants and proceeds from scratch cards. The Lotteries Act relegates child protection organisations to the status of charities, which means that they receive a limited contribution from the proceeds.

The Department of Education has restricted their Early Childhood development responsibility to the reception year. The remainder has to be provided by the Department of Social Development. The contribution for Early Childhood Development programmes is at the discretion of provinces. Early Childhood Development programmes therefore often fall between the Department of Social Development and the Department of Education. Numerous services by NGO's are closing around the country.

2.29.2 Recommendations

• A need for proper resourcing of key departments at national and provincial levels such as Social Development, Justice, Safety and Security, Education, Health and Correctional Services.
• It is important for Government to form implementation and financial partnerships with NGO's in the area of child social services.
• It is important to expand existing Early Childhood Development programmes, which have shown to be effective in the prevention of child sexual abuse and assisting in breaking the cycle of poverty.
• Poverty does not cause abuse but plays a role in facilitating abuse. The presenter supports the call for a Basic Income Grant, which will help to address child sexual abuse.

2.30 Kadalie, Rhoda

2.30.1 Defining abuse

Abuse occurs when adults, either physically, or in some other way, hurt children or young people under the age of 18 years. The presenter distinguished between four kinds of abuse, namely physical abuse, emotional abuse, neglect and sexual abuse. These four types of abuse are often interrelated. The presenter thus argued for a multi-pronged approach to address the problem.

2.30.2 Causes of child abuse

According to the presenter, there are no definitive reasons why people abuse children, since these reasons may be different for different abusers. However, she pointed to the following common factors that have been identified as causing adults to abuse children:

• Myths that having sex with virgins will cure Aids.
• High unemployment rates of males in the informal settlements and townships.
• A society characterised by extreme forms of violence. Violence against women and children, in particular, has become endemic to South African Society.
• Stress, financial problems, powerlessness in adult relationships or unhappy circumstances.
• Socio-economic problems such as joblessness, poverty, and a lack of proper housing, etc.

2.30.3 The institutions responsible for protecting children

The presenter cited three main institutions that should bear the responsibility to protect children from all forms of abuse. These are the family, schools and the State.

2.30.4 Proposed measures to protect children

• The family should start teaching children at home about the various aspects of sex.
• The State should:
  • Put in place adequate policies and legislation.
  • Conduct research on, amongst others, the extent, nature and background of the problem, myths around child sexual abuse, etc.
  • Implement compulsory sex education for teachers and learners at all levels, including preschools.
  • Provide care and assistance for victims after rape or abuse has been reported.
  • Police and judicial authorities should commit themselves by ensuring convictions and imposing stiff sentences.

2.30.5 Recommendations for the prevention of child sexual violence

• Assertiveness training and self-defence classes for children at schools.
• Encourage municipalities to reduce the number of unsafe streets.
• Subsidise safer schools projects making the safety of children paramount.
• National departments should conduct extensive campaigns aimed at men to assume their responsibility to prevent child sexual abuse.
• Children should be encouraged, by means of TV commercials, advertisements, and billboards to talk about their "secrets" with an adult whom they know and trust.
• Conduct community education campaigns on child sexual abuse. These campaigns should also focus on educating adults to be vigilant regarding child abuse and to offer a helping hand when a child needs it.
• All relevant agencies responsible for the human rights of children should conduct extensive research on the issue over an extended period of time.

2.31 Kandawn, Masego

This submission deals with abandonment and neglect of children by an unemployed mother who has left these vulnerable children to survive on their own. The result of this abuse is that the children are unresponsive and withdrawn.

2.32 Khosa, L

The presenter is a teacher from a township in Newcastle, which is characterized by unemployment and poverty. She listed seven cases of abuse which she has confronted in her work and raised the following concerns:

• In most cases, the perpetrators were the breadwinners. This meant that other family members hesitated to report the cases for fear of loss of earnings.
• Drug abuse exacerbates incidence of child abuse.
• Children are often left in the care of other family members or other people whilst the mother is away at work. Most abuse happens after school whilst mothers are at work.
• Mothers are often too busy to listen to their children who report being raped or abused.
• Mothers often trust abusers.
• Some abusers are known criminals and children are too scared to report them.

2.33 Khuma Multi-Purpose Organisation

2.33.1 Recommendations

• A full-time advisor should be appointed at each school around the country especially in primary schools to provide supportive services to abused children.
• A centre for abused children should be established in each area and should be operational 24 hours a day. Children could stay at these centres either on a temporary basis, during times of need, or permanently until they reach the age of 18 years.
• The centre should include representatives of the Child Protection Units, District Surgeons and counsellors to ensure that holistic care is provided to children when they arrive at the Centre after being abused.
• Life sentences should be given to people who are found guilty of raping a child.
• Abusive mothers should be reported to the police and legal action taken against them.
• It would be important to interrogate cultural notions such as the notion that a father is head of a household and therefore has the right to do whatever he sees fit.
• Perpetrators need to be dealt with strongly.
• It is important to look at providing alternative resources to families where the breadwinner is accused of sexual abuse of a child. Many families do not report abuse in these instances due to fear of loss of earnings.

2.34 Lucas, Shabalala

Mr Lucas raises the concern about parental neglect of school children and notes that the non-payment of maintenance severely impedes physiological development of children. Reporting to social workers in the area yield no results and the probability of turning to crime to survive is high. This submission raises the issue of the culture of non-payment and maintenance defaulters who deprive their children of basic necessities of life.

2.35 Maister, Dolly

She believes that the high levels of sexual abuse are due to overpopulation, breaking down of norms, unemployment, lack of formal housing, child prostitution, environmental destruction and poverty. She states that a "prestigious world population survey" 10 years ago, recommended that South Africa adopts a one child per family policy, as China has, in order to deal with some of these challenges. The submission recommends that Government provide incentives and disincentives to support a two-child per family policy. Government should also promote the ABC campaign and testing with regard to HIV/Aids. The use of abortion should be encouraged for accidental pregnancies.

2.36 Maklina, P M

The submission raises the concern about the failure of the justice system to arrest suspects and the release of arrested suspects. It also questions the myth that "sleeping with virgins would cure Aids". It recommends that the minimum sentence for child rapists should not be less than 20 years.

2.37 Mayne, Anne

This submission focuses on the connection between child pornography, prostitution and gangsterism in the organized systematic abuse of children. Ms Mayne's research emphasises the strong link between pornography and violent sex crimes against females and children. This is supported by police statistics, which indicate that there has been a steady rise in child sex abuse crimes from 1992 to the present, in the region of 65%.

Some of the issues that need to be addressed are advertising in mainstream newspapers of teenage girls for sex and families using children as cash commodities to earn an income.

The practice of trafficking of children from the rural areas under the guise of finding them employment as domestics is rife in the Western Cape. These children are then sexually abused and forced into prostitution

2.37.1 Recommendation

• The topic of child prostitution as a form of abuse requires more empirical research.

2.38 Medical Research Council (MRC)

Dr. Rachel Jewkes presented on behalf of the Gender and Health Group at the MRC. Her presentation was based on the numerous research projects undertaken on child rape.

2.38.1 Problems

• The 1998 South African Demographic and Health survey found that 1.6% of women interviewed were raped before the age of 15 years.
• Approximately 20 000 cases of rape against children aged 0-17 years are reported to police each year.
• The survey found that 33% of rapes of under 15 year olds were perpetrated by school teachers and that 21% were perpetrated by relatives.
• One third of cases of rape were gang rapes.
• The consequences of rape include health and social consequences.
• There is an immediate risk of HIV during rape as well as a later risk of high risk sexual practices, which increases the possibility of HIV infection. Teenage pregnancy is also a possible consequence.

2.38.2 Causes of rape:

• Gender inequality in society.
• Childhood environmental factors.
• Poverty.
• Alcohol and drug abuse.

2.38.3 Recommendations

• Address gender inequality.
• Prevent poverty and alcohol abuse.
• Increase resources to police and courts.
• Increase resources to victim support services.
• Provide anti-retrovirals to rape survivors. The use of anti-retrovirals after rape is as effective to rape victims as is providing it to needle-stick victims.
• Improve health services and ensure that health officials receive training with regard to rape survivors.
• Supports the Sexual Offence Legislation of the South African Law Commission.
• The Department of Education must act against predatory school teachers.

2.39 Mkhabela, Pleasure

This submission illustrates the effects that child abuse has on victims. It cites the example of a case in the North West Province where the relatives knew about the abuse but did nothing, as there was a financial benefit to the victim. The perpetrator paid his victim's school fees. The victim often regards home as an unsuitable place to live and sees the prison environment as a safer. The perception is that it is useless to report the case to the police since nothing would get done and it only exacerbates the situation.

2.40 Molo Songololo

This presentation focused on the organisation's report, which emanated from their research into the "Trafficking of Children for Sexual Exploitation".

2.40.1 Definition of sexual exploitation

The presenter defined sexual exploitation as the sexual, emotional and physical abuse of children through forms of sexual violence. This includes rape, sexual battery, inappropriate sexual contact, exposure to inappropriate sexual acts, pornography and prostitution.

2.40.2 Actions that constitute trafficking of children

All acts involving the recruitment, transportation, transfer, harbouring and receiving of children constitutes trafficking of children. This can happen through any means, including the abduction, sale, use of force, threats, deception and use or abuse of power or authority.

2.40.3 United Nations statistics on trafficking of children

The United Nations estimates that between two and four million people per year are traded against their will into some form of slavery, be it domestic, labour, begging or prostitution. According to the United Nations, many of these are children.

2.40.4 Factors that contribute to trafficking

• Social and economic factors contributing to the increase in poverty and child neglect.
• The vulnerability of children living in poverty.
• Inadequate legislation and application of the law.
• The lack of appropriate services and policies.

2.40.5 Who are the affected children?

• Mainly girl children from the ages four years to 17 years.
• Children from rural and urban areas in search of work for survival.
• Children who have left home because of poverty.
• Children who have been sexually abused.
• Children who have run away from places of safety.

These children are trafficked for their organs, as drug runners, prostitutes, child brides and to work in sweatshops, agriculture, domestic service and in the informal economy.

2.40.6 Legislation and Conventions

South Africa does not have legislation that expressly prohibits the trafficking of people. However, South African children are offered protection from sexual exploitation in several pieces of legislation such as the Constitution, the Child Care Act, the Films and Publications Act and the Prevention of Organised Crime Act. Protection is also extended through International Instruments such as the United Nations Convention on the Rights of the Child, the Organisation of African Unity (OAU) Convention on Refugees, the African Charter on the Rights and Welfare of the Child, the Hague Convention on the Civil Aspects of Child Abduction. An Optional Protocol to the UN Convention on the Rights of the Child deals with the sale of children, child prostitution & pornography. The Protocol emphasises that State parties must strengthen international and regional co-operation by multi-lateral, regional, and bi-lateral agreements and arrangements to combat the sale of children, child prostitution and child pornography. It further emphasises the importance of protecting the rights and interests of child victims.

2.40.7 Perpetrators and methods used

The perpetrators are usually parents (mainly mothers), family members, older sex workers, gangs, brothel owners, syndicates and agents, government officials and local and foreign nationals. Children are sold, abducted, held in captivity and debt-bonded (Traffickers pays parents for prostituting the child. Children are sold for up to R60 000 - when the debt is nearly paid, they get re-sold). Children are transported via surface, air and sea routes. The report indicates that these girls are debt-bonded for R12 000. Job offers were made to the parents for their children to work in restaurants, domestic service and on farms. Instead they were sold into the sex industry.

2.40.8 Findings

• There is a lack of anti-trafficking legislation.
• A lack of policy and bilateral agreements.
• Poverty & unemployment.
• A lack of services for children.
• An increase in the demand for sex with children.
• An increase in the numbers of prostituted children.
• The impact of HIV & Aids.
• Alleged corruption of officials in Government, police and immigration authorities.
• A lack of public awareness.

2.40.9 Recommendations

• Development of anti-trafficking legislation.
• Extra-territorial legislation and policy to prevent, intervene and rescue victims.
• Prosecution and conviction of all involved or directly benefiting from the trafficking industry.
• Training and awareness programmes for organisations and administrators of justice working with children and their protection.
• Compliance with international agreements and agendas for action.

2.41 Moseki, Joshua

This submission illustrates neglect of children in the household. The deprivation of food results in children resorting to desperate measures in order to have a meal. This submission highlights how the economic plight of parents impact on the ability to provide adequate care for their children.

2.42 Mrwebi, Ms.

The submission details a number of cases where children have been abused, but makes no comments about the causes or recommendations regarding the prevention of sexual abuse of children.

2.43 Msibi, Prudence

This submission raises a concern about the Justice Department's sentencing procedure by arguing that the sentences handed out to perpetrators are too lenient. It indicates that within the context of a rights-based approach, it appears that the rights of rapists are given precedence over the victim. She recommends that the minimum sentence for victims aged one month to 10 years should be 20 years and 15 - 20 years for victims aged 11 years upwards.

2.44 Nadel

The submission by Nadel was presented by Ms Johanna Kehler who stated that there are gaps in the existing legislation regarding child rape. The urgency of this issue requires action to be taken before the new Sexual Offences Bill is passed by Parliament.

2.44.1 Problems

• Current legislation does not do enough to protect children.
• In the year 2000, there were 58 rapes or attempted rapes of children reported each day. In 2001, 21 000 rapes of children were reported for that year. Of these, 21% were committed by male relatives, 41% of all raped people were under the age of 18 years, and of these, 50% were under the age of 11 years.
• Only 9% of all child rape cases taken to court result in a conviction.

2.44.2 Child Care Act

• The Child Care Act provides for the removal of a child in need of care who has been ill-treated. However, 'ill-treatment' is loosely defined and this hinders the prosecution of individuals who are both directly and indirectly involved in child sexual abuse.
• The Act excludes 'any other person' (other than a parent or guardian) who has knowledge of a rape occurring from being guilty of an offence.
• The Act does not clearly define the obligation by certain categories such as teachers, social workers and health care professionals who have knowledge of abuse or reason to suspect abuse, to report this information to the relevant authorities.

2.44.3 Sexual Offences Act

• The Sexual Offence Act does not clearly define what constitutes rape or indecent assault. In fact it can be understood that the only consensual sex, according to the Sexual Offences Act is consensual sex in marriage. Rape is defined as only occurring when the vagina is penetrated by a penis.
• The Sexual Offences Act can also be seen as excluding child rape as it refers only to 'women'. It also excludes female perpetrators and same sex rapes.
• The definitions of immoral or indecent acts are loose and therefore offer little protection to victims.
• The word 'immoral' is value laden and therefore inappropriate to define a criminal act.
• The Sexual Offences Act refers to youth but not to the rape of children specifically. Nadel states that it is insufficient for the offence of child rape and sexual abuse of children to be implied as this does not provide adequate protection for children. Nadel furthermore notes complicity in the use of the word 'with' as apposed to the word 'against' in section 14.
• The different ages of consent for boys and girls are problematic.
• Section 14(2) outlines arguments, which can be used in defence of accusations of rape. These include the rape of prostitute, the accused was under 21 years and that this was a first offence.
• Gender bias still exists in the Sexual Offences Act, which specifically does not provide for rape by a female.
• The cautionary rules treat the testimony of complaints by children and women with caution in court as they are presumed to be unreliable witnesses.
• In the Criminal Procedure Act, the previous sexual history of the complainant is admissible in court.

2.44.4 Recommendations

2.44.4.1 Child Care act

• There is a need for a better definition of ill-treatment and what forms of sexual abuse constitute ill-treatment.
• People who are aware of the occurrence of a rape must be convicted even if they did not directly participate in the rape. The law must allow for the prosecution of any person who allows and facilitates either directly or indirectly a rape to occur.
• If any person has knowledge of sexual abuse they should be obliged to report this information. The law should also provide for the mandatory reporting by certain groups such as teachers and social workers.

2.44.4.2 Sexual Offences Act

• Nadel supports the draft Sexual Offences Bill of the SALC. The draft Bill defines sexual penetration in a more inclusive manner and covers the rape of children, same sex rape and female perpetrators of rape. They recommend that the current definition of 'unlawful carnal intercourse' be replaced by the SALC's definition on 'sexual penetration'.
• Nadel recommends a clear definition of indecent acts and supports the SALC proposal in this regard. They recommend that this definition be included in the current legislation.
• Nadel recommends the removal of the tem 'immoral' from the Sexual Offences Act.
• Nadel recommends that Section 14 be removed in its entirety and be replaced with the SALC's proposed Section 6 of the Sexual Offences Bill entitled 'Acts of penetration or indecent acts with consenting minors'.
• Nadel recommends that the clause declaring it a defence that a child was a prostitute at the time of a rape be removed.
• Minor perpetrators should be tried in appropriate Children's Courts. Furthermore, the age of majority should be decreased to 18 years from 21 years.
• Provision must be made for the perpetration of rape by a female and for the inclusion of same sex offences.
• Nadel supports the SALC recommendation to abolish the cautionary rules. They also support the SALC establishment of a category of 'vulnerable witnesses', which seeks to facilitate the protection of certain categories of witnesses.
• Nadel believes that a child's previous sexual history should never be relevant in a sexual offences case.

2.45 National House of Traditional Leaders (NHTL)

2.45.1 Problems

• The myth that sex with a virgin cures Aids is a myth that has been perpetuated by traditional healers and not traditional leaders.
• There is a thin line between poverty and unemployment, which has a direct impact on child rape and abuse.
• Sex abuse of children in schools is facilitated by the girls wearing short dresses, which may attract weaker men.

2.45.2 Recommendations

• The National House of Traditional Leaders notes with concern the myth and commits itself to work with leaders in the community to dispel the myth that sex with a virgin cures Aids.
• The maintenance of traditional morals.
• A national imbizo is to be convened for provinces and their regions to pledge commitment to the Ubuntu concept. The medical fraternity will be requested to explain the effects of rape on victims. The national imbizo will be followed by provincial imbizos. The purpose of the imbizos is to urge people to develop self-esteem, self-respect and self-trust.
• The Department of Home Affairs and Safety and Security should clamp down on illegal immigrants. Traditional authority police could be involved in these initiatives. Traditional mechanisms of monitoring strangers such as 'Go Bega' would assist in this regard.

2.46 Palliative Medical Institute

Dr Selma Browde presented the submission from the Palliative Medical Institute. This institute offers training for community workers and people involved in home-based care. The submission dealt with two main issues:

• The rape of babies and young children.
• Abuse and poverty.

  2.46.1 Problems

  • The Institute has come into contact with people, specifically in Gauteng who believe that sex with a virgin cures HIV/Aids. One of the ways to counteract this problem would be to use traditional healers. The presenter stated that there are over 300 000 of these traditional healers and even when a small minority pass this information on to the community, they are an extremely powerful force.
  • Reluctance of parents to talk to their children about sex.
  • The link between abuse and poverty is clear around the world. Research documents a symbiotic relationship between abuse and poverty. Poverty leads to emotional breakdown and tensions. Deprivation creates a lack of concern for oneself and for others. Poverty and unemployment breaks down the sense of self. This leads to violence inducing behaviour exacerbated by alcohol and drugs. This internal lawlessness puts children at risk, as children are seen as extensions of the self. It is easy to express hatred on ones own, which may take the form of physical or sexual abuse.
  • Structural factors are also important including inadequate housing and living conditions. In overcrowded conditions sexual taboos are broken. Incest is commonly associated with poverty. Young children exposed to adult sexual activity become sexually precocious and learn inappropriate sexual behaviour.
  • The status of teachers in our schools is low.

  2.46.2 Recommendations

  • Organise traditional healers who are prepared to cooperate to tell the community that the idea that sex with a virgin cures Aids is untrue. What these healers say and how this should be done must be done in consultation with the healers. A campaign should be well orchestrated and thorough and adequate funds should be made available for the message to be sent clearly and unequivocally to the communities.
  • In order to combat rape as well as the spread of HIV, parents must be reached. The reluctance of parents to talk to their children about sex must be combated. The institute has organised a grouping called 'Parents of People with HIV/Aids' which comprise committees of parents. Workshops are held with these committees about issues around HIV/Aids and sexual conduct and encourages these parents are encouraged to speak to other parents about these issues.
  • Priorities of spending by Government must be channelled to ensure that poverty alleviation and unemployment are targeted.
  • Need to increase the status of teachers and this should be reflected in their salaries.
  • Government partnerships with NGO's are important.

2.47 Pandor, Naledi

Ms Naledi Pandor, motivated for the establishment of a South African Sex Offenders Act and a national register of sex offenders.

The sexual abuse and rape of girl children is so widespread in our society that out of 20,000 estimated cases reported each year, nearly half are rapes committed on children.

In schools, sexual violence directed at girls erodes their right to education. Although some of the teachers are to blame, the entire teaching profession should not be condemned. Further research needs to be conducted in this area.

Moreover, South Africa has laws against rape, incest and sexual assault. But there is more that can be done. More so, in view of the fact that paedophiles and rapists are not cured by imprisonment. They are released to commit their heinous crimes once more. By recommending the abrogation of the similar-fact doctrine the Law Commission project team on sexual offences law throws its weight behind the belief that sex offenders are repeat offenders. And that is why we need a Sex Offenders Register Act.

2.47.1 Recommendations

• South Africa should consider enacting an amended version of the UK Sexual Offenders Act and that we follow our Law Commission's recommendations on amending our law of evidence to make it more difficult for sex offenders to escape conviction;
  Compile a national register of sex offenders to ensure that everything was being done to protect children from sexual abuse. Such a register will complement the positive steps already being taken by the police and other government agencies.
• Such a register will make it difficult for offenders get parole.
• Some provisions which could be considered based on both the UK and US examples include:
  • Sex offenders must register with the police within a certain time period after release from prison.
  • Community protection orders ban sex offenders from areas frequented by children.
  • Banning offenders from contacting victims.
  • Adding conditions to sentencing provisions.Posting details of child abusers on the internet.
  • Leaflet drops and posters at Police Stations and at libraries.
• The advantages of having such legislation include:
  • Parents feel more secure and can take the necessary precautionary measure, if they know that a paedophile resides in their area.
• Disadvantages:
  • Sex offenders can provide false addresses and go underground.
  • Vigilante action and human rights violations against sex offenders.
  • Mistaken identity.

2.48 Phaphamani Rape Crisis Counselling Centre

The Centre believes that its host town, Uitenhage, is the "rape capital" of South Africa and that this perception is having a negative effect on the town's economy. They also highlight the problems rape survivors face in terms of how they are treated by society, especially those from disadvantaged areas. Some of the problems they highlighted in this regard include lack of dignified debriefing rooms at police stations as well as problems with District Surgeons, crisis kits, counselling and support for rape survivors, as well as the geographical remoteness of these services for survivors.

2.49 Professional Board for Psychology

The Psychological Society of South Africa, the Professional Board of Psychology and members of the media are undertaking a research study in the sexually violent attacks against minor children and will work in close collaboration with relevant government departments and civil society institutions. The study will cover the actual incidences of such attacks against children under 10 between 2000 and 2001 and the profiling of the perpetrators. This report will be available in March 2002. The research team consists of numerous distinguished academics.

2.49.1 Aim of the Study

• Adduce the actual incidence of attacks against pre-pubescent children i.e. those under ten years of age.
• Assess and profile alleged perpetrators to better understand the factors that may have contributed to their bizarre behaviour.

2.49.2 Findings of the Study

• The six-nine year age group appeared to have been the most vulnerable to sexual abuse followed by the three-five year age group.
• The most likely age of perpetrators who commit acts of sexual abuse are between 25-35 years old, followed by the 35-50 year old age group.
• It is also important to note that the highest rate of suicide is amongst men between the ages of 25-35 years.
• These findings have serious implications since this age group constitutes the most economically productive population group. The 25-35 year age group is also regarded as the protectors and providers in families.
• There is often an assumption that the increase in rape and child abuse is as a result of South Africa's new democratic dispensation. This could not be further from the truth since it is evident that the socialisation process of the 25-35 year age group occurred during the 1970's and 1980's while Apartheid was at its height.
• There is generally an assumption that rape is committed by someone that is known to the survivor. The study tends to indicate that most of the perpetrators had no significant relationship to the survivor.

2.49.3 Recommendations

• Schools at all levels should be targeted by an awareness campaign to inform and educate children about sexual abuse.
• There is a need for the social affirmation of men.

2.50 RAPCAN

2.50.1 Problems

• The quality of statements taken by the SAPS is poor.
• The high number of cases being withdrawn.
• Confusion around the phasing out of District Surgeons.
• Difficulty in tracing sexual abuse and rape victims.
• Cost of travel expense for parents and families of victims to courts.
• Inadequate facilities at the courts such as lack of interpreters and in-camera facilities.
• No separate waiting facilities for child victims.
• Lengthy trials.
• Under-reporting of child rapes. According to RAPCAN the actual number of children who are raped is about 20 times higher than the official statistics.

2.50.2 Reasons for the high rape statistics of children:

• The high rate of interpersonal and community violence as well as violence against women.
• Patriarchy and patriarchal values.
• Religious and cultural practices.
• Appalling history of human rights practices.
• History of oppression.
• Poverty and unemployment, which leads to a sense of powerlessness.
• Children under the age of 18 years are not deemed to have the same rights as adults.

2.50.3 Factors influencing low reporting rate:

• Parents do not have faith in the judicial system.
• Parents fear that the police will use discretion in terms of investigating the case.
• It is an economic and financial burden to take a case to court especially when there are long delays. These delays cause cases to be withdrawn.
• Interpreters are not readily available and are not accommodated for in the SALC Discussion Paper.
• Fear of secondary trauma.
• Lack of communication among service providers.

2.50.4 Recommendations

• The legislation should provide for the category of 'vulnerable witnesses'.
• The previous sexual history of a child should have no standing in court.
• Training should be given to a broad range of caregivers in order to replace the functions previously performed by District Surgeons.
• Training should be given to all court staff.
• The expertise fee structure for personnel must change.
• A multi-disciplinary approach must be used for sexual offence cases.
• RAPCAN supports the Draft Discussion Paper produced by the SALC on Sexual Offences.
• The Criminal Justice System must be sensitised and trained with regard to the disclosure of abuse.
• Blockages in the Criminal Justice System must be eliminated and resources made available to combat child sexual abuse.
• Bail and minimum sentencing provisions should be tightened.
• A holistic approach must be used to deal with the problem. This would include life skills training at schools around the country.
• There is a need to combat cultural stereotypes.
• Therapeutic services must be developed and expanded.
• There should be focus on the rehabilitation of juvenile offenders.
• There is a need to increase the arrest and conviction rates.
• Sentences should be severe.
• Need to recognise the long-term impact of child abuse.
• Need more effective inter-sectoral coordination and cooperation.
• Investigate the establishment of expert Child Abuse Centres.
• Cultural notions must be combated.

2.51 Regional Child Abuse Protection Committee - KwaZulu Natal Midlands

This submission outlines the meeting held between this group and the Department of Social Development on the 25 February 2002, where it was recommended that children who are subjected to sexual assault and/or rape should automatically be given access to anti-retroviral drugs and counselling - all of which should be facilitated and provided free of charge by the South African Government.
This was a joint submission by: Health Services, Law Enforcement Officials, Welfare (State and NGO sectors), Justice and other Legal Representatives, operating within the KwaZulu Natal Midlands Region.

2.52 Santho-Qhokotswane, Mamokhothu

Ms Santho-Qhotswane is a survivor of domestic violence and believes that domestic violence is the main source of child and sexual abuse. Her submission includes documents detailing her experiences of abuse by her husband and her four-year struggle to obtain justice. She points to inefficiency and corruption in the police force and court officials in Bloemfontein as reasons for this.
She notes that decision makers involved in cases of abuse often play a destructive role and cause further trauma to the victims because they lack sensitivity and empathy.

The submission indicates that inefficiency and corruption in the courts inhibit justice and protection of victims. She argues that women are still regarded as inferior and seen as objects. Her concern is that the children growing up in families where there is violence and abuse see it as the norm.

2.53 Shabangu, Jimmy

Mr Shabangu is a Councillor of Ward 15 in Middleburg, Mpumalanga Province. His submission raises concerns about the poor response and inefficiency by police personnel in the Middleburg Child Protection Unit. The concern arises from the case of Ms Deliwe Maseko, whose child was raped. Although the police was given all the relevant information, the suspect was not arrested.
Mr Shabangu lodged a formal complaint with the Child Protection Unit in December 2001and has not received any response to date.

2.54 Shadow Pictures

Shadow Pictures have been commissioned by the BBC to make a documentary on child rape. This follows the television and international press coverage of the rape of baby Tshepang. The aim of the documentary is to expose the issue and raise certain questions.

2.54.1 Problems

• The Western Cape had its first case of baby rape reported in May 1997.
• Since October 2001, seven other cases of baby rape have been recorded.
• CPU's in the Western Cape and Upington work with very little resources and they often start work at 3am. Many members of the CPU are lost to stress.
• Child rape is not confined to a single race group.
• Where there is poverty and unemployment and where men and children spend hours together every day, there is a higher incidence of child rape.
• The prospects of child rape increases where there is abuse of alcohol and low self esteem.
• It appears that the notion that sex with a virgin cures men with various diseases including Aids has contributed to men seeking out small children and old women with whom to have sex. Some Sangomas have also been spreading this idea. Research has shown that this notion has been prevalent for a while.
• Courts are slow to process cases and the sentences often don't befit the crime.
• Many perpetrators are also in the position to get to small children example educators and child minders.

2.54.2 Recommendations

• It was suggested that the President should:
  • Outline the problem and state that Government will not tolerate the situation by giving new measures to protect children.
  • State clearly that HIV and Aids cannot cured by having sex with a virgin. Traditional leaders should also provide the correct information.
  • Reverse the Government's position on anti-retrovirals for rape victims.
• Children's courts must be established across the country and the process should be made child friendly.
• Encourage and register street committees, which were very effective during apartheid. They must be empowered to responds to cases of abuse against women and children by reporting them to the appropriate structures.
• Initiate a campaign where men can value their masculinity with pride. Traditional ideas about ownership of women and children should be condemned.
• More resources and person power should be provided to the CPU.
• Women should be supported in their efforts to mother their children by, for example, having state funded nursery schools. This will ensure that mothers do not leave their children in the care of unemployed men when working.

2.55 Sigwela, S G

Mr. Sigwela's submission raised the issue of sexual abuse of children within the family. The submission makes the following points:

• The lack of evidence against perpetrators result in them becoming repeat offenders;
• There is an apparent lack of uniform procedures for investigating child rape cases at police stations;
• The use of DNA testing immediately after the rape will facilitate prosecution;
• A fund should be set up for victims in order for them to pay for the DNA testing and other related medical expenses.

2.56 Silangwe, Nozipho

The submission highlights the need for strong campaigns and workshops to raise awareness about protecting children from sexual abuse. The main source of child abuse is men and as most men have lost economic control and dominance over women they are taking out their frustrations on weaker persons, which are children. They also abuse children to fulfil their sexual fantasies.

Awareness campaigns should target men so that they will recognize their responsibility and have a positive view to life and the rights of children. The submission recommends that key male personalities and leaders should be used to campaign against child and women abuse in order to achieve positive results.

2.57 Smith, Charlene

The submission looks at the role of society in creating an enabling environment for dealing with rape. It focuses on the role of parents, government, religious communities, big business, the medical community, alcohol industry in dealing with the child. It illustrates statistically the high incidences of child abuse accompanied by the low conviction rate of child abusers.

Ms Smith argues that in most cases the majority of abusers are not strangers but are persons known to the victims. In several cases they are the caregivers of the abused children. The Child Care Act addresses these issues but local communities need to take more responsibility in enforcing the protection of children.

The submission also looked at the role of government and big business in providing the necessary trained personnel, improving departmental budgets, providing forensic laboratories and forensic kits to police stations and health workers, training personnel and the provision of child care facilities.

She criticises the current training of medical personnel and calls for the improving of rape forensic and rape care training at medical teaching institutions. It calls on the pharmaceutical companies to help fund the proposed training.

The submission suggests that there is a strong link between violent crime and the use of alcohol. It quotes the Medical Research Council study that found alcohol as a common factor in 60% of the murders reported last year. The document proposes that liquor manufacturers fund welfare, training and criminal justice projects through the government tax or other levies imposed.

It is reported that children who are abused are often likely to become abusers themselves. The submission proposes that the Department of Education and Correctional Services should ensure that children do not go to jail and should provide adequate alternative facilities. The presentation argues that children should not be exposed to violence and abuse.

The presentation recommends counselling and peer mediation in schools and calls for the establishment of trauma groups in schools. Teachers need to also be trained. Sexual violence against children is inextricably linked to the high prevalence of violence in our society.

2.58 Social Workers' Association of South Africa

2.58.1 Concerns and problems experienced

The submission suggests that the current system of handling the sexual abuse of children is inadequate and further traumatises the child. There are too few social workers with specialised training to deal with the survivor's immediate needs as well as longer-term therapy. The coordination between social service agencies and the CPU is lacking, and there seems to be no recognition that the social worker is a professional equipped to deal with a child's emotional needs.

The submission further notes that there was no standard interview protocol, that the medical personnel are sometimes not properly trained for this specialised area or simply too thinly spread especially in the rural areas. With reference to the court system, the submission states that courts are not child-friendly and the court process takes much too long. The survivor could be exposed to the perpetrator because they have to use the same entrance to the court and sometimes the same waiting room. The manner in which the testimony given by a child is treated, suggests that members of the legal profession regard children as unreliable witnesses. Dealing with abuse on a regular basis causes severe trauma to social workers, who feel that they are fighting a losing battle. This results in social workers feeling burnt-out.

2.58.2 Recommendations

• South Africa should implement the relevant articles of the Convention on the Rights of the Child
• All matters relating to offences against children should be heard in the High Court
• All sectors dealing with sexual abuse should receive training in this specialised field
• Courts should be made more child-friendly, for example by making use of one-way mirrors in interview rooms and inter-mediators to protect survivors from perpetrators
• Children should have the right to legal representation
• Cases should be finalised within 4 to 6 weeks
• Social workers should receive recognition and support in continually dealing with such negative issues a child abuse
• There must be greater co-operation between the different professions that work in the interests of children

2.59 Soul City

The presentation was based on the knowledge accumulated through research on issues such as child and women abuse, HIV/Aids and sexuality education.

2.59.1 Problems

• Progress made with regard to policing, prosecution and survivor assistance is not sufficient to deter rapists and inculcate mutual respect between men and women.
• Child and infant rape is an extension of violence against women. Perpetrators treat children with a sense of entitlement and children are objectified.
• Other problems include that women often take the blame for men raping children, they are often blamed for the rape of children and gang rape is prevalent and referred to as a game.
• Whilst women have been empowered about their rights this has also made them vulnerable by not educating men at the same time which has led to a backlash against women.

2.59.2 Recommendations

• Working with men and boys is a priority and there is a need to promote men's programmes.
• Sexuality and gender education is crucial.
• Encourage parents to talk to their children.
• Ensure that teenagers have information on contraception, sexually transmitted disease and Aids and are aware of their options on the use of the Termination of Pregnancy Act.
• The myth that sex with a virgin cures Aids must be to rest but it should also be established whether the myth is driving the increase in child rape.
• Do more research around perpetrators and why they rape because it is not paedophiles that are raping children and babies.
• Conduct research to provide information on the facts and statistics on child and infant rapes so that it can inform an effective preventative programme of action.
• Expedite the Child Protection Act and the Sexual Offences Amendment Act.
• A safe environment should be ensured to protect children against child abuse. This includes tackling poverty. A Consensus statement on Sexual Abuse has been compiled and signed by approximately 12 children's rights advocacy groups and provides guidelines on preventing child abuse.
• A national campaign against abuse- 'Every day is anti-abuse day'.

2.60 South African Catholic Bishops' Conference

2.60.1 Problems

• Moral breakdown in society. The most vulnerable in society thus fall victim to those people who have lost their moral bearings.
• Social factors such as overcrowding, unemployment, alcohol abuse and broken families contribute to the problem of child abuse.
• De-humanisation of women takes various forms in our society. Gender relations are characterized by patriarchy and men tend to regard women and girls as possessions.
• Commodification of sex. Advertising and entertainment industries are guilty of marketing sex and sexuality commercially. Sex is thus turned into a product and people are encouraged to want this product.
• Lack of male involvement in addressing issues of child abuse. It is mainly women social workers, counsellors, activists and community workers that are addressing the problem.

2.60.2 Recommendations

• Political leadership as well as churches and other religious bodies have an important role to play in providing moral leadership in the country.
• Men need to be educated to realize that women are autonomous and equal beings.
• The religious sector has a role to play in the way that they instruct their young people in the values of their faiths. There is a need to counter-act the commodification of women and respond to the call for moral renewal.
• Education is important and programmes can be introduced to educate children and youth about appropriate forms of behaviour and interaction. Educators should also be trained to identify problems.
• Budget priorities should take the work that organizations are doing into account and Government should provide organizations with the proper resources to address the problem. Money should be redirected at addressing and protecting children from abuse and not go towards arms.
• Partnership between non-government organizations and Government is an important aspect of addressing the problem of child abuse.
• A dedicated ministry should be established and a specific Cabinet portfolio be created to oversee children's affairs. It is suggested that funding for such a ministry could be obtained from some of the tax relief money returned to the taxpayers.

2.61 South African Human Rights Commission

Advocate Tlakula presented the findings of the South African Human Rights Commission (SAHRC) Report on Sexual Offences Against Children to the Task Group. She indicated that the SAHRC used its mandate with respect to upholding and implementing human rights and held an inquiry to investigate whether the criminal justice system actually protects children.

2.61.1 Findings

• The criminal justice system, currently does not work for children who have been abused.
• Children with disabilities face even greater trauma.
• Despite the initiatives put in place, these are insufficient.
• There are a number of individuals who put in an amazing amount of work. Their commitment is however not shared by everyone.
• There is confusion about the duty to report child abuse due to the duplication of mandatory reporting provisions in the Child Care Act and Prevention of Family Violence Act.
• Professionals such as teachers, doctors and dentists fail to report child abuse cases in accordance with the duty imposed on them by legislation.
• There is a poor police response to sexual abuse against children and a failure to comply with national policy and protocol.
• The location of the limited Child Protection Units minimises accessibility to sexually abused children.
• Police report difficulty in tracing children and witnesses living in informal settlements.
• Evidence often gets lost between the examining doctor's office and the police station.
• The withdrawal of cases is a serious flaw in the policing and the possible prosecution of sexual abuse cases.
• There is an extensive shortage of support services for abused children.

2.61.2 Recommendations

• A system that is premised on the best interests of the child needs to be developed.
• Sexual violence against children should be treated as a priority by government.
• National government has to fast-track the legislative review process of various pieces of legislation relating to the protection of children.
• Post exposure prophylaxis is to be dispensed to child victims of sexual violence in all cases.
• More financial and human resources need to be made available to implement programmes of action.

2.62 South African Law Commission (SALC)

2.62.1 Draft Sexual Offences Act

2.62.1.1 Problems

• Inadequate implementation of the law. This includes the lack of protective services in rural areas for children.
• Lack of training particularly of the judiciary, which leads to poor decision-making.
• Lack of resources, exacerbated by high case loads.
• Corruption, particularly amongst police officers influencing the high withdrawal level of cases.
• Child rape and sexual assault is complicated in that it is related to broader social problems, e.g. domestic violence and poverty.

2.62.1.2 Recommendations

1. Substantive Law - Deals with the definition of crimes.

• Rape is codified and is free of gender biases. It includes sexual penetration of genitals, anus and mouth 'when an act of sexual penetration occurs under coercive circumstances'. The focus is therefore on the coercive nature of the act and not on consent.
• A new offence, compelled or induced indecent acts is contained in the draft bill.
• The age of consent is fixed at 16 years for both boys and girls.
• Child prostitution is criminalized. They are protected up to the age of 18 years. People exploiting children can be prosecuted.
• The draft Bill provides for extra-territorial jurisdiction.

2. Process and Procedure - It deals with the management of sexual crimes:

1. Pre-trial

• The Draft Sexual Offences Act contains guiding principles regarding the interpretation and implementation of the legislation. This principles attempt to protect the rights of victims, their families and communities as well as to ensure a fair trial and management of the accused.
• There is a need for the co-ordinated management of sexual offences and for inter-sectoral co-operation.
• Training and debriefing of all professionals working with sexual offence cases is important.
• There is a need for SAPS to investigate all reported cases and not to accept withdrawal statements from victims.
• The State is responsible for providing medical examinations, treatment and therapy for sexual assault victims. The Department of Health is responsible for providing prophylactic medication for sexual assault victims including post-exposure prophylactic medication for HIV/Aids.
• The legislation provides for the creation of a 'vulnerable witness' category that is afforded protective measures by the Court.

2. Trial Process

• Enhance the intermediary system.
• Abolish the competency test.
• Abolish the cautionary rules.
• They do not recommend the use of videotaped interviews.
• Increase the use of expert witnesses.
• Appoint support persons to support victims.
• Increase the use of specialised assessors.

3. Post-trial Process
   • Establish a sentencing council.
   • Increase the use of Victim Impact Statements.
   • The offender should pay compensation to victim wherever possible.
   • Rehabilitation of the offender should be combined with punishment.
   • SALC does not recommend the development of a sexual offenders register and community notification legislation.
   • SALC does not recommend the chemical castration of offenders.
   • Recommends that the application for dangerous sexual offenders orders be issued when a sexual offender is released from prison.

2.62.2 Child Care Legislation

The legislation deals with a range of children's issues including child sexual abuse. The focus of the legislation is on children rather than perpetrators and therefore is does not deal with criminal law aspects of the punishment of offenders.

2.62.2.1 Key provisions of the Act:

• It defines parental responsibilities rather than parental rights in order to make parents more accountable in the law for their behaviour and for what they allow to happen to their children under their care.
• There are enabling and mandatory reporting clauses in the Act. A professional must report children in need of care and protection.
• Immunity is given to encourage reporting.
• Reasons must be given for failure to report and failure to do so will be punished.
• The Act makes provision for strengthening the capability of all personnel involved in child sexual abuse cases, for example training.
• Hearings focusing on the abuse of children should be heard simultaneously with hearings on compensation.
• Children's courts can now also recommend that social workers receive an order to investigate and search premises.
• Local Government also has a role to play in amongst others, keeping records on children in need, inspection of care facilities, etc.

2.63 South African National Council for Child Welfare

The submission was made in the context of there not being any systematic collection of national figures on child sexual abuse. It was stated that 5000 cases of sexual abuse were dealt with annually at the 166 Child Welfare societies across the country. The most fundamental issue that needed to be dealt with was the manner in which children are viewed and perceived. It was submitted that children were currently viewed as inferior and as a commodity.

2.63.1 Causes of Sexual Violence

• The myth that sex with a virgin will cure HIV/Aids has progressed into a significant problem.The disempowerment of women and children causes them to bear the brunt of discrimination and violence.
• Poverty affects both men and women resulting in feelings of hopelessness as well as alcohol and drug abuse.
• There is a strong link between poverty and the commercial sexual exploitation of children.
• There appears to be a decline in the moral fibre of South Africa.

2.63.2 Factors Preventing Effective Service Delivery

• The Department of Social Development makes inadequate financial resources available to NGO's preventing them from carrying out their work effectively.
• Essential human and financial resources have to be put in place to achieve the goals set out in new legislation and policy.
• There are various intersectoral gaps.
• The health sector has failed to provide adequate training and facilities needed to combat child abuse.
• There are a lack of resources, training and Child Protection Units.
• Courts and court procedures do not adequately facilitate the smooth processing of sexual abuse cases.
• Life skills training in schools is limited or absent.
• The NGO sector has no formal representation on the structures of the National Plan of Action for Children.
• There are various plans of action for children in the President's Office but nothing is being done to implement this.

  2.63.3 Recommendations

  • A National Intersectoral Child Protection Strategy has to be developed immediately.
  • Resources have to be provided to ensure that new legislative requirements are complied with.
  • Provision should be made for the establishment of intersectoral infrastructure.
  • Government departments should take note of problems experienced by NGO's.
  • Initiatives such as the sexual offences court must be tracked, evaluated and monitored.
  • Appropriate diversion and treatment programmes for perpetrators must be developed.
  • The register of sex offenders should be seriously considered.
  • The present programmes and structures of the National Plan of Action should be reviewed to include NGO representation.
  • The percentage of the Department of Social Development's budget used to fund NGO's is inadequate and has to be reviewed.
  • Underspending and rollovers within the National Poverty Alleviation Strategy and other programmes are unacceptable.
  • The financing policy has to be improved.
  • The poor salaries paid to social workers must be improved.
  • The existing National Committee on Child Abuse and Neglect should develop and implement its terms of reference.

2.64 Standing Together to Oppose Pornography (STOP)

The mission of STOP is to promote a society in which children are nurtured in an environment of sound family values and in which women and children in particular are protected from sexual crime, sexual exploitation, abuse and violence in accordance with their constitutional rights. STOP opposes the proliferation of pornographic and related sexually explicit material that has become available since 1994.

The organization notes that the Films and Publications Act contributed to the creation of a social climate of "sexual freedom" which degenerated into a culture of "anything goes."

They oppose the availability of pornographic material and feel that the internet is a great source of pornography, which should be obstructed. They note that young boys are vulnerable to the effects of pornography. The television has also contributed to altering standards of sexual behaviour by pushing the limits from the sexually suggestive to overt pornography.

The submission states that rape of children can no longer be viewed as predominantly an act of violence rather that a crime of motivated by passion or lust. With the decline in standards of sexual behaviour, "date rape" has increasingly become common, and the rape of school children by teachers, for instance, are unlikely to be attributable to the underlying need of the perpetrator to commit an act of violence. Like drugs pornography has an addictive effect, followed by an escalation in the need for "stronger" material. Overtime, desensitisation occurs and lastly there is an increased tendency to put into action the sexual activities seen in the pornography. Thus fantasy can become reality - especially dangerous to the community where the addiction has been to childpornography.

Dr William Marshall, a respected child psychologist stated that 87 per cent of girl-child molesters and 72 per cent of boy child molesters regularly use pornography and 86 per cent of rapists regularly used pornography and 57 per cent copied pornographic scenes in the commission of rape. In a 10-year study, the Los Angeles Police Department found that in 60 per cent of child molestation cases, adult or child pornography was used to destroy the conscience of the child and teach them to model perverse behaviour.

Closer to home, in the Western Cape an Attorney-General's Office stated that every case of consensual child abuse she had handled involved the use of pornography. A 1991 study by the Institute of Child and Family Development revealed that prostitution is rife in South Africa, and escalating since our country became known as a premier sex-tourism destination.

2.64.1 Recommendations

• In searching for the causes of the escalation of rape, the mindset of the rapist is due for appraisal;
• Review of the Films and Publications Act. For example: books and magazines of a pornographic nature should be submitted to the Films and Publications Board prior to publication. That is, classification should not be complaints-based as at present;
• Expansion of the duties of the Films and Publications Board to deal with television material. This situation prevails in Netherlands;
• Expansion of the Films and Publications Board's powers to include the law enforcement in liaison with the Police;
• Review of the Business Act in order to legislate tighter requirements for the establishment of Adult premises ("Sex Shops") by e.g.: stringent licensing requirements, limitation of numbers in a given area, and by land-zoning. Such measures could be passed on, as is presently the case, via Provincial law and local government that, by its nature, allows for direct public participation. (Note zoning by-laws are already operative in East London);
• Enforcement of the Broadcast Act. The electronic media should be compelled to adhere to the fine Code of Conduct as contained in the Broadcast Act. At present the Act appears to have not "clout" where contravention of the Code is concerned;
• Establishment of a user-friendly, well-advertised route (including a toll-free phone line) for the public to complain about offensive/harmful television and radio broadcasts.
• A public hearing should be set up by the Portfolio Committee on Communications as matter of urgency to facilitate public debate on the programme content of the electronic media;
• The appointment by the SABC of a suitably qualified person to advise on programme content;
• Setting up of a user-friendly service to enable the public to complain about contravention of the Films and Publications Act;
• Public Education and dissemination of information about the possible dangers of pornography. Members of the Films and Publications Board may be trained to carry out this task, jointly with the Department of Education;
• Students in institutions of higher learning to be encouraged to conduct research around pornography and its harmful effects in society through dissertations and theses. In the meantime, government can commission a study to do the same, and produce a report within six months. The Human Sciences Research Council may be able to carry out such study.

2.65 Third Law

Third Law is a protest action group of concerned community members responding to the rape of baby Tshepang last year. The Third Law submission argues that the causes of child rape include alcohol abuse, the criminal justice system namely the ineffectiveness of bail, consequences not proportionate to the crime in that criminals are jailed at the expense of tax payers.

2.65.1 Recommendations

• The state providing more resources and expertise to the police services. Increasing the number and improving the skills of police officers;
• The government must ensure child sensitive courts and court personnel;
• Establishing support networks for the families of victims including financial and trauma counselling;
• Strengthen/ enforce the punitive measures of prison sentences and deny bail;
• Rehabilitation programmes must not include child rapists.

2.66 Tjabane, Thembeka

The presenter, from the Free State Province, related evidence based on her own experience. She presented two cases.
Case 1:
In the first case, a child was abused by her uncle, which ultimately resulted in her pregnancy. She is currently 13 years old. The case was reported to SAPS but withdrawn on the basis of lack of evidence.
Case 2:
Ms Tjabane is acting as a foster parent to five children in addition to her own two but has been unable to access the foster grant.

2.66.1 Recommendations

• The pregnancy of the child should serve as prima facie evidence of abuse.
• Bail should not be given in sexual abuse cases.

2.67 Trollip, J E

The submission focuses on existing laws and the role that the community can play to eradicate the problem of child sexual abuse. It argues that the existing laws do not give communities an active role in dealing with child sexual abuse. It raises a concern about the discretionary nature of the Magistrate's Court Amendment Act No: 67 of 1998, which provides for the summoning of assessors who are reliable and capable persons from the community. This needs to be corrected. Another concern is that in reality the assessors are not being regularly summoned for child abuse cases.

The submission also raises a concern about the low rate of conviction of perpetrators of child sexual abuse. Where perpetrators are convicted, the sentences are often lenient and thus not sending a strong messages to potential offenders

2.68 UN Child Justice Project

The project provides technical assistance to the South African Government for the implementation of the proposed child justicelegislation.

The submission focused on:

• The need for an early intervention and prevention approach towards child sex offenders.
• The inherent dangers of criminalizing child sex offending.
• The proposals of the Child Justice Bill on the use of programmes for diversion and alternative sentencing for sex offenders.
• Availability and use of programmes for child sex offenders and gaps in the delivery of programmes as an early intervention and preventative measure.

  2.68.1 Problems

  • Research has shown that between 50% -60% of all adult sex offenders commit their first sexual offences as children. Children who commit these offences are aged between 13 and 17 years and most are males. In the total sex offending population, children are still a small percentage of those committing the offence.
  • Children do not always understand the implications of sexual acts, even when they are hurting other children, as sex is part of the adult world. This may be as a result of acting out things done to them by adults or older children.
  • Criminalisation of sex offending could drive the behaviour underground due to the shame, guilt and stigma associated with sex offenders.

  2.68.2 Legislation - Child Justice Bill

  The Bill proposes the following:

  • That children who are accused of crimes be dealt with in an individualized way.
  • That children who at the time of the offence is below the age of 10 cannot be prosecuted.
  • Children between the ages of 10-14, do not have the capacity to appreciate the consequences of their actions. They therefore have to be treated cautiously and receive the appropriate treatment instead of being criminalized.
  • Between the ages of 14-18 years there is the assumption of criminal capacity but other factors such as age of the offender and victim, should be taken into account.
  • Promotes the rights of victims through the use of the restorative justice process.
  • The emphasis is on the use of diversion programmes and alternative sentencing.
  • Alternative sentencing applies to those children who do not get diverted. They thus stand trial.

  2.68.3 Recommendations

  • Diversion for many sex offenders would be an appropriate way to deal with them. This does not imply that they should not be taken through the criminal justice system. But children's developmental capacity and age has to be considered.
  • Need to ensure that programmes are in place to deal with child sex offenders. Currently there is a gap in the availability of specialized programmes. The two that are run are by Childline in Durban and SAYSTOP in the Western Cape.
  • Systemic approach to preventing child abuse should be adopted and it involves working with the children who commit the crimes, their families, and other systems that they interact with such as the school, peers and the media.
  • Child sex offenders should be seen as a unique population with special needs that can be addressed through early intervention treatment efforts. Research has shown that treatment and prevention will prevent child sex offenders from becoming adult sex offenders.

2.69 United Christian Action

2.69.1 Problems

• The legalisation of pornography - sex offenders and paedophiles are linked to pornography;
• The liberalisation of laws controlling prostitution - younger children are lured into the sex slave industry;
• Existing laws on abortion which make abortions more accessible to young girls;
• Proposed changes to the Marriages Act by the South African Law Commission (SALC) which would change the age requirement of entering into a partnership;
• Proposed changes to the Child Care Act which would legalise a child's "right to confidential contraception and abortion";
• Proposed legalisation of shebeens;
• Legislation on gambling.
• Curriculum 2005, which deals specifically with the "sexually explicit nature of the mandatory sex education imposed on all children regardless of choice and freedom"

2.69.2 Recommendations

• The current Planned Parenthood sex education be scrapped from all South African Schools and in its place, a pro-abstinence, pro-family and pro-marriage sex education be implemented;
• Parents must be allowed more authority in determining when and how their children should be taught sex education at schools;
• The mandatory clause on exposure to sex education courses in classes should be reviewed - parents must be aware of the teaching materials and context in which the syllabus is taught;
• Other alternatives of making children aware of sexuality should be investigated, such as the role of the religious institutions;
• The testing of values through state specified outcomes should be scrapped, as this is unethical.
• All existing laws/legislation must consider the moral impact on children and to crucially address this;
• Pornography and prostitution must be criminalised, with both the user and "subjects' criminalised;
• A more efficient way of arresting and punishing rapists and child abusers should be formulated;
• All offenders should be equally treated, be it teachers, police, politicians and must be liable for prosecution should they violate the law.

2.70 University of Fort Hare. Department of Private Law

The submission was based on empirical research done in the greater King Williams Town area. Visits were made to the Department of Justice offices where cases of child abuse are reported. One of the primary aims of the research was to identify gaps in the legal process and to examine some of the contributing factors.

2.70.1 Causes and contributing factors

• Myths about transferring incurable diseases by adults to children, as has been the case with HIV/Aids stories recently;
• Element of genetics whereby dysfunctional behaviour is transferred to another generation;
• Power dynamics, which result in men dominating women and in this process gaining some sexual satisfaction;
• Perpetrators themselves may have been assaulted but received no treatment resulting in passing on this consequence to other victims.

2.70.2 Legal considerations

• The legal adoption process is biased in favour of economic sustainability of the adopting parents. Few other parental qualities are considered which could serve the best interest of the child.
• Ineffective sentences handed out. The terms often fail to serve the purpose of having a deterrent effect.
• Often the legal maintenance enforcement leads to adults abusing children.

2.70.3 Recommendations

• Longer sentences should be meted out;
• Children should be removed where possible to safer places of care with stringent and justifiable conditions.

2.71 University of Zululand

The presentation notes that rape and child rape is a direct consequence of the silence prevalent in our society. The paper argues that children do not have a voice and that the justice system downgrades their legal evidence. Other causes of child rape cited include: paedophilia, financial dependence, sleeping with a virgin can cure Aids, sexual awareness of children and the misguided sex education of children.

The paper recommends that children should not be placed in alternative places of care, as this can constitute secondary victimization. It is further recommended that the perpetrator should be placed in a rehabilitation programme and forced to provide for his family and the sustainability of such a programme. If the perpetrator did not have a job then the person should be sentenced to a minimum of five years. The paper also recommends that trials take place within 24 hours and that children can testify by closed circuit cameras.

2.72 Van Rensburg, Pat

The submission argues that there is a link between pornography and the abuse of women and children. It details a number of newspaper reports from across the world that would suggest that the majority of rapists use pornography, and that their habit of viewing pornography is at the root of the violent rape that they perpetrate. The violent sexual scenes are said to be the model that the rapist attempts to emulate what can be seen in the pornographic material he habitually looks at.

The submission also argues that pornography is addictive and that it gives rise to tendencies of sexual sadism, because the person who has become addicted to pornography eventually needs to act out the deviant behaviour depicted in the material.

In addition, the submission deals with the use of pornography in child abuse, noting that in a substantial number of sexual abuse cases, the perpetrator showed the abused children pornographic material as a coercive device. The submission does not make any recommendations.

2.73 White, Rose

The submission highlights the inadequate public relations campaign on child rape issues. Although issues around sex and Aids are covered extensively in schools and on television, there is no strong preventive component in the message conveyed. The perception exists that people offering this guidance in schools are not properly trained and the facilitation used is not adequate for the classroom. She feels that children need to be informed of their rights and about what to do should they be raped. She suggested that research should be done to look at comparative statistics of South African child rape cases compared to Africa and the rest of the world.

2.74 Women Against Children and Community Abuse (WACCA) Advice Centre

2.74.1 Causes of Child Rape

• There is no communication between children and mothers.
• Alcohol and drugs play a significant role in cases of sexual abuse.
• The myth that raping a virgin will cure HIV/Aids persists. Cases of this nature continue to be reported by communities.
• Unemployment and poverty causes children to accept lifts from strangers on their way to school. This is one of the ways in which abuse can occur.

2.74.2 Gaps in Existing Legislation

• Cases are withdrawn for various reasons. This issue needs to be addressed.
• Cases are postponed for long periods and instead needs to be fast-tracked.
• Acquittals, due to a lack of evidence, need to be investigated.

2.74.3 Recommendations

• · Harsher sentences for rapists. It is suggested that sentences for sexual abuse and rape should be at least 20 years.
• Women should attend support groups in communities to teach them how to talk to their children.
• The Crime Protection Unit should be situated outside the police station. Police officers who run these Units should not be in uniform.
• Cases cannot be prolonged in court and ways have to found to reduce the time it takes to prosecute perpetrators.
• Those who neglect children should be sentenced to correctional supervision and undergo training on how to treat children.

2.75 Youngleson, Michele

This submission is based on a journal article entitled "The History of Child Abuse" written by Lloyd deMause in 1998 which chronicles child abuse from ancient times to the present. Child abuse has been depicted as a cycle, which is difficult to break. Parents themselves have to work through their own childhood pain if this cycle is to be broken. The reasons why children are abused, issues of causation and intervention in terms of supporting parents and teaching parenting is explored in detailed. Within each culture and nation child abuse occurs in various forms. This may range form sexual to physical violence and neglect. Childrearing practices, and the role of the mother and father in supporting child development are integral to solving some of the problems encountered. Various modes of childrearing ranging from projectionist to socialization are mentioned.

2.75.1 Recommendations

• Community parenting centres has proven successful in various parts of the world. This concept is based on volunteer labour, small capital outlays and is tremendously cost effective;
• Teaching "parenting" should be incorporated into adult education programmes;
• Social resources need to be effectively channelled towards consciously assisting the evolution of childrearing.

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