26 OCTOBER 1999
Let me preface what I intend to say by stating categorically that the occurrence of one rape is one too many.
Yesterday I launched the Sexual Offences Courts Project in Pretoria. During my speech I used two statistics which were overstated and inaccurate.
When I prepared my speech, I assumed that my sources were accurate and that they had been verified. Ironically I had used as my source a resource document published for journalists in the interests of improved and more accurate reporting around the issue of rape. It has since transpired after enquiries in this regard that the "1 rape reported in 36" -statistic and the "one rape in 17 seconds" extrapolation represent a projected worst case scenario projection intended for modelling purposes.
These statistics, however, are not the reality and to create this impression is counterproductive.
To sensationalise the issue of rape by using inaccurate statistics, is to trivialise it and will detract from the gravity and seriousness of the situation. We do, however, need to address the issue of rape and we need to address the issue armed with accurate and relevant information.
Ongoing research is essential to understanding the nature of rape. An improved understanding of rape and why it happens will empower us in our struggle to eliminate the incidence of rape and the impact it has on our lives.
Most recent figures from the National Victims of Crime Survey and referred to by the Monitoring and Analysis Unit of the Secretariat for Safety and Security, indicate that only one in 2 or only half of rapes that occur are reported.
This is a tragedy. It is unacceptable and the Department of Justice and Constitutional Development takes this matter very seriously.
Violence against children, men and women is a reality which too many South Africans experience.
Sexual violence against children, women and men is a horrifying reality which too many South Africans experience and too few report to the authorities within the criminal justice system.
What is it about our society that makes a person courageous enough to report a mugging and demand recourse via the courts while that same person will more probably than not either hesitate or refuse to seek redress via that the same system in the case of rape?
I think that our society misunderstands the nature of rape; it is generally considered a sexual act, an act that somehow shames its victim, an act that nobody talks about -- something to hide and keep away from the public eye.
Let me be quite clear about this : Rape is an act of violence. Rape is an infringement of our individual human rights and it is a violation of our dignity.
I will say it again : Rape is an act of violence - plain and simple. To illustrate this point, we need only remind ourselves how rape has been used as an instrument of war in Eastern Europe and in Central Africa. We, the international community, watched aghast as these organised programmes of rape disrupted whole communities and shattered families with devastating effect.
In its response to the unacceptably high levels of violence and especially sexual violence, Government has introduced several measures which seek to deal effectively with rape once it has occurred and to provide bail and sentencing frameworks which have a deterrent effect on the occurrence and incidence of crime.
The Criminal Procedures Act, 1997 provides that any application for bail in a Schedule 6 matter be heard in a Regional Court. Furthermore, the Act insists that when any person charged with the commission of a serious crime such as murder, rape or robbery with aggravating circumstances, the court must order that the accused be detained in custody unless the accused produces evidence which satisfies the court that exceptional circumstances exist which in the interest of justice, permits his or her release.
On the issue of sentencing, the court must impose minimum sentences for serious offences unless it is satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence.
Why do courts sentence those that have been found guilty of committing an offence or crime? The purpose of a sentence, in a nutshell, is to act as a deterrent and to express disapproval. It is then reasonable to expect that a sentence should reflect the nature and seriousness of the crime, both in terms of the degree of gravity and within the social context.
When there is a disparity between the perceived gravity of a crime and the perceived lightness of a sentence, our courts and especially the judiciary tend to invoke public ire and concerted media criticism.
The Department fully endorses the principle of an independent judiciary, but it does not contend that Judges are somehow exempt from public or press criticisms. While the Judiciary continues to pass judgements which are devoid of social context, they should not be surprised at the ferocity of public outrage, indeed, they should expect it.
However there are already mechanisms in place in terms of which inappropriate sentences can be challenged. For example, the Directors of Public Prosecution have the right to appeal to the Supreme Court of Appeal or to petition the Chief Justice if they view sentences imposed by the courts to be inappropriate. The Judicial Services Commission is currently formulating an appropriate complaints mechanism in respect of judges.
The Prevention of Domestic Violence Act which comes into force in December this year, affords the victims of domestic violence the maximum protection from domestic abuse that the law can provide.
In the Act, the definition of domestic violence is broadened and this definition applies to people in "domestic relationships" rather than "parties to a marriage" which narrows the scope of applicability dramatically in the old Act.
In respect of children, the prevention of Domestic Violence Act, enables them to make a complaint without having to apply for intervention through or via a parent as was the case in the previous Act.
In its examination of rape and sexual violence, the South African Law Commission has just published a discussion paper on the issue of sexual violence which proposes a definition of rape that is non-gender specific and does away with the cautionary rule which provides that the testimony of victims of sexual abuse is not trustworthy.
The Department fully endorses these positions and looks forward to the introduction of this legislation to Parliament early in the coming year.
The Department of Justice and Constitutional Development has identified sexual offences as a priority area of concern and has established specialised sexual offences courts within the communities which its serves.
Yesterday the Department of Justice and Constitutional Development, and the Canadian Government signed a R1m aid agreement. These funds have been earmarked for the establishment of 20 sexual offences courts throughout the country over a one year period.
During this year these courts will be placed in communities throughout all the 9 provinces and will bring to 26 the total number of specialised sexual offences courts within the Justice System. I must stress that already, 179 courts are fitted with closed-circuit television and the rollout of these 20 new courts forms part of our ongoing commitment to improve the services we provide to the public.
These Sexual Offences Courts will be equipped with the required infrastructure for appropriately hearing and managing sexual offence cases. This infrastructure includes witness cubicles with one-way glass, closed circuit television facilities and separate waiting rooms for victims of sexual and other violence.
However all the infrastructure in the world will not on its own prevent secondary victimisation of those turning to the justice system for protection. Victims of sexual violence who interface with officials across the continuum of the Criminal Justice System should be treated in a manner that affords them dignity and this within a framework that maximises the prospect of conviction.
Police Officers, Social Welfare and Health workers, Prosecutors, Magistrates and Mediators -- these are just a few of the officials that rape victims encounter as they are processed through the criminal justice system.
A large portion of the Canadian funding to which I have referred will be dedicated to training 400 officials whose job it is to deal with rape and other abuse matters referred to them.
Government cannot be expected to deal with the issue of rape on its own. Women and men need to rally around the cause, increase awareness, and assist in providing support structures for the victims.
Let us remember that 9th Day of August in 1956 when 20 000 women rose up in collective rejection of the extension of the pass laws to black women. Let us take the example set by our wise and revered leaders. Let us remember the words of the evocative song they sang that day, wathinta abafazi, wathinta imbokoda uzagufa. You have tampered with the women, you have struck a rock; you have unleashed a boulder; you will die.
And now I ask the men - our brothers, sons and fathers to join us in conquering this evil, for it is an evil. And it can be beaten. Together we stand a chance.