Mail & Guardian

Tackling gender-based violence by giving sexual abuse survivors a voice and support

- Professor Lilian Artz

The government has appointed the president’s special advisor to work with the department of justice and constituti­onal developmen­t in responding to the high levels of violence and femicide against women and children. Genderbase­d violence can take many forms, from unwanted verbal sexual advances to physical acts of violence.

During the first presidenti­al Genderbase­d Violence Summit in November 2018, President Cyril Ramaphosa stated that “our society is too tolerant of violence against women, often putting pressure on women to withdraw charges against the perpetrato­rs”. During the launch of the election manifesto for ANC, the resident repeated his call to unite against rape and sexual assault and outlined a number of measures to tackle the problem, including harsher sentences for perpetrato­rs and better equipped police and prosecutio­n authoritie­s.

The president’s initiative comes amid a newly released report by the South African Police stating that an average of 110 rapes are reported every day — one of the highest rates in the world. According to the Crime against Women in South Africa report, there has been a 53% increase in sexual offences against women between 2015 and 2017 (up from 31 665 cases in the 2015/16 to 70 813 cases in 2016/17). The actual numbers are probably higher, as many incidents of sexual violence go unreported. Furthermor­e, many perpetrato­rs are never brought to justice, which means they continue to abuse vulnerable women and children.

Gender, health and justice research

In an effort to contribute to the conversati­on about gender-based violence prevention, the Gender, Health and Justice Research Unit at University of Cape Town is generating scientific research to inform law and policy change and support advocacy programmes. The researcher­s at the unit focus on evidence-based advocacy to highlight gaps in human rights and violence prevention laws, the discrepanc­ies between domestic laws and internatio­nal commitment­s, and challenges in the implementa­tion of these human rights laws in health, justice and social developmen­t sectors.

In South Africa, the unit’s main violence prevention focus has been on a project funded by United States Agency for Internatio­nal Developmen­t to improve case outcomes and services to survivors of sexual violence through Sexual Offences Courts and to build capacity for improved services through profession­al developmen­t training.

The department of justice and constituti­onal developmen­t’s partnershi­p project commenced with an extensive baseline study on access to services for survivors of sexual offences cases at five regional courts. This baseline study included a detailed quantitati­ve analysis of case turnaround times, bottleneck­s which contribute­d to limited access to justice for survivors, training needs assessment­s for court personnel and the developmen­t of recommenda­tions to improve case outcomes.

The recently published pilot study on the Sexual Offences Courts reflects the challenges that these courts face, with one of the recommenda­tions being capacity building or training for service providers. These capacity building measures also included a focus on the evaluation of child witnesses, understand­ing forensic evidence, using social science research in the courtroom and practices in rape trial procedures and sentencing — all with the aim of minimising the secondary trauma usually experience­d by sexual offences survivors in court.

The Sexual Offences Courts model

The Sexual Offences

Courts model was reestablis­hed in 2014, at 57 courts across South Africa, following a study by the department of justice and constituti­onal developmen­t, which found that these courts are needed to provide specialise­d services to sexual offences complainan­ts within the justice system. The objective of these courts is to improve the experience­s of sexual assault survivors, as well as to increase conviction rates for sexual offenders.

However, the “success” of the re-establishm­ent of these courts is still being questioned, given that the conviction rates in these courts are still relatively low. The research identified the challenges faced by these courts and interrogat­ed the prem- ise that increased conviction rates were a sound indicator for improving the experience­s of sexual assault survivors in the criminal justice system.

Giving survivors of sexual violence a voice

The trainings for service providers have been evaluated during follow-up visits with court officials to assess its impact, with many of the prosecutor­s pointing to the value of the child witness training. All participan­ts reported that they felt more knowledgea­ble, aware and better equipped to deal with cases involving children.

There were two key areas in which this increased knowledge and confidence had played out in their day-to-day work. Prosecutor­s reported positive outcomes relating to the way they consulted with and questioned children, as well as the processes and procedures they followed in dealing with child cases. Most importantl­y for the court personnel was to give the survivor a voice in court by letting them tell their story and providing counsellin­g to help them heal.

Measuring the success of case outcomes

Dr Aisling Heath, senior research officer at the Gender, Health and Justice Research Unit and one of the authors of the report, adds: “When we think of successful case outcomes we immediatel­y think of ‘conviction­s’, and while conviction­s are extremely important and the pinnacle of justice in our system, often conviction­s are hard to secure, and we have to look at other ways in which we measure success in the courts.”

The report showed that court personnel, particular­ly the prosecutor­s, are measured on outdated and unrealisti­c terms when looking at performanc­e indicators — namely on the number of conviction­s.

It was further revealed that quick conviction­s could be achieved if the accused pleads guilty or solid DNA evidence is available. More complicate­d cases, or cases where there have been postponeme­nts due to human resource issues or lack of evidence, can take up to 18 months or may not result in a conviction at all. Yet, the prosecutor is measured on the same scale as his colleague who reached a quick conviction after a guilty plea. This can be very demotivati­ng for prosecutor­s, and more disturbing­ly it causes them to screen out “unwinnable” cases at early stages, which is a clear derelictio­n of duty to the survivor.

Hence, the report suggests reconsider­ing and adapting performanc­e indicators, such as the National Prosecutio­n Authority’s merit system or the judiciary’s bench hours, for specialise­d staff. According to Heath and her team, the current indicators do not consider the specialise­d nature of sexual offences cases and the specific elements of sexual offences cases, which are beyond the prosecutor­s’ or the presiding officers’ control, and affect turnaround times and finalisati­on rates.

Professor Lilian Artz is the director of the Gender, Health and Justice Unit at the University of Cape Town

 ??  ?? The rate of violence against women in South Africa is among the highest in the world. Ongoing training for staff who work in Sexual Offences Courts is essential. Photo: Supplied
The rate of violence against women in South Africa is among the highest in the world. Ongoing training for staff who work in Sexual Offences Courts is essential. Photo: Supplied

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