Rapists remain free while sexual violence goes unreported
To fight gender-based violence in South Africa, the reporting of these crimes must be re-evaluated.
Reporting sexual offences to the authorities is an important mechanism for determining the extent of this type of crime in a country, and it is crucial in designing effective intervention and prevention programmes.
In South Africa, one of the biggest impediments to reducing sexual violence is that levels of reporting represent only the tip of the iceberg, and we have no accurate national data.
Over the past decade, great amounts of time, human resources and money have been spent to reduce gender-based violence. These investments have had little apparent impact, however, and we need to ask why these efforts are failing.
South Africa largely depends on the annual South African Police Service (SAPS) crime statistics to determine the status of crime and violence in the country. When it comes to violent crimes against women, however, the police statistics are woefully inadequate.
According to their current performance-management system, the police are expected to reduce violent crime – which includes sexual offences – by between 4% and 7% per year. This creates a disincentive for police to record all the sexual offences reported to them, which is compounded by the fact that by March of any given year the official statistics are already 12 months out of date.
This creates a disincentive for police to record all the sexual offences reported to them![](https://issafrica.s3.amazonaws.com/site/uploads/Quote-Mark2.png) |
In addition, the police provide us with statistics on ‘total sexual crimes’ – a category that includes 59 separate offences under the Criminal Law (Sexual Offences and Related Matters) Amendment Act (2007). Increases or decreases in such a broad category of crime – with offences ranging from ‘flashing’ to rape – cannot tell us much. The police do not differentiate domestic violence as a discrete crime category, so there are no official statistics for this crime.
From a policy and public opinion perspective, it is important to note that the police cannot be expected to prevent domestic and sexual violence, or to focus narrowly on the reduction of rates of these categories of crime. These forms of violence typically take place in intimate, domestic settings behind closed doors and, as such, victims often struggle to even report the incident to the police.
There are, however, concrete changes that the police can effect to help in the fight against gender-based violence. The police can actively encourage the reporting of sexual and domestic violence in two distinct ways. Firstly, the rate of sexual and domestic violence reporting should not be linked to police performance at station level. If victims are encouraged to report such crimes and the police indeed record all these reports, the number of recorded incidents will necessarily increase. Police stations should not, however, be penalised for a rise in the reporting of sexual offences, or domestic violence, in their jurisdiction.
Secondly, the statistics on sexual and domestic violence released to the public need to be far more detailed and nuanced to be useful. The statistics need to be released more often and should provide a breakdown by each of the 59 offences contained in the Sexual Offences Act, as well as information about the victim’s age and gender; the presence of mental or physical disabilities; the nature of the relationship between the perpetrator and victim; and the number of rape-homicides.
Instead of focusing on the numbers, the police should commit to providing quality service |
While data alone cannot prevent abuse, it can be used to track trends over time, as well as to capture accurate changes in the extent of gender-based violence in South Africa. More consistent, detailed information released more regularly would be more effective in informing responses, including prevention and intervention programmes. Instead of focusing on the numbers, the police should commit to providing a quality service to all victims of sexual and domestic violence – and this should be the criteria upon which their performance appraisal and bonuses rest.
Much of what is needed for a quality service already exists in the form of the National Policy Framework for the Management of Sexual Offences (NPF). The NPF is erratically implemented, however, and often relies on ticking boxes for infrastructural requirements (such as victim empowerment rooms), rather than often more important aspects such as the attitude of the officer assisting the victim. For quality service to be provided, it must be understood that victims are diverse in their needs and should be treated accordingly and respectfully.
It is encouraging that the Civilian Secretariat for Police is drafting a policy to address barriers to the reporting of sexual offences and domestic violence. Currently, consultative workshops are being held across the country. The finalisation of this policy should be prioritised and buy-in for effective implementation should be assured from the highest levels.
The most important measure to improve the reporting of sexual and domestic violence in South Africa is to shift how relevant statistics are currently being viewed. Currently seen as a performance-management tool, relevant data must instead be used to inform policy intervention and prevention programmes. Along with this, attention must be paid to the quality of police services given to victims of sexual violence.
Romi Sigsworth, Gender Specialist, Office of the Managing Director, ISS Pretoria