Findings from the Shukumisa Campaign conducted during the 16 Days of Activism 2010

The National Working Group on Sexual Offences is a network of 26 South African civil society organisations formed in 2003 to ensure that effective and appropriate laws around sexual offences were passed. The purpose of the group’s Shukumisa Campaign is to monitor the implementation of laws and policies relevant to sexual offences and hold service providers to account for ineffective implementation.

What was monitored and where? Gauteng, Western Cape, Limpopo and KwaZulu-Natal Convenience sample of: 70 police stations 11 hospitals 31 courts Via observation and short, structured interviews, monitors evaluated the facilities according to criteria based on the Sexual Offences Act and related national policies using a standard checklist

SAPS 70 stations in total Gauteng (21) Western Cape (27) Limpopo (16) KwaZulu-Natal (6) 11% refusal rate, which meant some of the stations could only be observed

SAPS Physical Accessibility Whether the building was: – easy to identify as a police station, had clear signs and directional markers and displayed the South African flag – disability access – close to public transport routes 84% of stations were well-marked 90% had physical disability access 94% of stations were close to public transport

SAPS Documentation According to the National Instruction 3/2008, the following documents should be readily available at all stations: – The Sexual Offences Act – The National Instructions 3/2008 – The station orders around sexual offences – The regulations and forms related to the Sexual Offences Act (forms for the HIV testing of the rape accused and information sheets for rape survivors about PEP and HIV testing) – Information about hospitals providing PEP to rape survivors; – A list of organisations providing services to rape survivors

SAPS Documentation 32% of stations could produce all of the documentation – 57% of stations had a copy of the SOA – 51% had copies of the regulations and forms related to the SOA – 56% had a copy of the National Instructions 3/2008 – 49% were able to produce the station orders around sexual offences – 54% had a list of organisations providing services to rape survivors – 61% had a list of hospitals providing PEP to rape survivors

SAPS Specialised Services 61 stations were monitored to determine: – their access to specialist detective services – a separate Victim Support Centre to ensure privacy, safety and comfort – NGOs, CBOs or volunteers available to provide support

SAPS Specialised Services 63% of stations had access to specialist detectives if not the victim would be referred elsewhere 60% of stations had a separate building operating as a VSC but others contained VECs housed within the main station building 90% of stations had NGOs, CBOs or volunteers available to support victims

SAPS Specialised Services The campaign also monitored the facilities available to deaf, LGBTI and mentally disabled victims Across all four provinces, there was a clear lack of understanding with regards to the special needs of these marginalised groups For deaf victims, it appeared that the police did not have access to interpreters

SAPS Conclusions Police stations, the first place a rape victim will turn to for help, are generally well marked and easy to access and are supported by local NGOs but services are not standard across all the stations monitored and most have a major problem with access to information and documentation

Courts 31 courts monitored Gauteng (8) Western Cape (8) Limpopo (13) KwaZulu-Natal (2) Only two courts denied access and at a third full monitoring was not possible as a prosecutor was not available to assist the monitor

Courts Physical Accessibility 71% of the courts were well- marked 45% of the courts had clear direction markers or signage 84% had access for people with physical disabilities 81% of courts were easily accessible by public transport

Court Services and Facilities Victims’ privacy and the specific needs of rape victims: – 61% of courts had witness waiting rooms – 78% courts had CCTV facilities – 48% courts had a room for NGO use – 59% courts had court preparation officers Courts tended to cater more for children than adults

Court Specialisation 11 of the 27 courts monitored were specialist Sexual Offences Courts On average only two specialist sexual offences prosecutors were based at these courts 19 courts had access to Intermediary services

Courts Conclusions The court facilities are adequate in most cases except Limpopo, where it appears that courts are slightly under-resourced. A major area of concern with regards to the courts is the lack of sexual offences prosecutors; only 48% of courts monitored have access to these specialised prosecutors.

Health Facilities 11 health facilities Gauteng (5) Western Cape (6) The National Management Guidelines for Sexual Assault released by the Department of Health in 2005 suggest that each facility should have a rape management protocol in place

Health Facilities Services 10 provided PEP to survivors (the other referred survivors on to another facility) All had access to psychosocial support and referral networks 3 Western Cape facilities conducted compulsory testing of the perpetrator

Health Facilities Conclusion The health facilities monitored appear to be providing both the healthcare and psychosocial support that a rape victim requires. 3 facilities provided PEP to victims as well as HIV testing of alleged rapists which means that a victim could potentially be present at the same hospital as the perpetrator.

Conclusions Monitoring finds a lack of standardised services for survivors and access to specialised services is not available to every victim. In 2011 there is still much room for improvement on the infrastructure required for services that should be available to all rape victims

Legislation Gap Analysis Research Consisting of the results of: A desktop review of legislation Individual expert interviews with victim empowerment stakeholders Expert discussions and A paper on Intersectoral Collaboration A social media campaign

Five gaps where potential legislative reform is possible were revealed as follows: 1.A lack of information about the criminal justice system and victims’ rights 2.A lack of information about the victim of crime’s specific case 3.A lack of psychosocial support for victims of crime 4.A lack of accountability within the system 5.A lack of intersectoral collaboration resulting in lack of coordination between services

Kathleen Dey Director Rape Crisis Cape Town Trust on behalf of the Shukumisa Campaign