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The guide is a comprehensive booklet provided to court supporters who assist survivors going through the process of a rape trial.

The Court Support Project was put in place by the Rape Crisis Cape Town Trust in 2007 with the aim of supporting rape survivors so that they take their trials to completion.

Rape survivors often have no prior experience of the court system, are not sure of the processes that will be followed, of who the different role players in court are and, most importantly, what is expected of them when they are called upon to testify.

The court supporter shares all of this information not only with the rape survivor but also any family members that are there to support her or to testify as witnesses in the case.

The booklet forms part of a larger project that includes the training of community based volunteers as court supporters who are then based on site at regional courts.

Rape Crisis offers this service in collaboration with the National Prosecuting Authority and the Department of Social Development and as an adjunct to their three counselling services in Khayelitsha, Observatory and Athlone.

Through the Road to Justice Project Rape Crisis also recruits and trains counsellors based at two Thuthuzela Care Centres in Cape Town seeing in excess of 5 000 rape survivors per year through all of these services combined.

In addition Rape Crisis trains volunteers based at police stations around the province in how to support rape survivors coming to report rapes at their Community Service Centres.

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  1. 1. You & Rape Subtitle?
  2. 2. You & Rape Introduction Contents A brief history of this book Introduction 1 Healing 29 In 1992, the Natal Midlands Black Sash, Rape Crisis, and a number A brief history of this book 1 Taking care of your body 30 of other women’s organisations in Why you might find this book useful/ Looking after your mind 31 Pietermaritzburg began a public rape- How to use this book 2 education programme. This programme Caring for your emotions 32 was the result of the rising number of rapes, and the need for society to support What is rape? 3 Myths and Facts about Rape 33 men and women who have been raped in a way that restores their dignity. It What to do if someone was designed to support rape survivors has raped you 5 Male Rape 37 in bringing their attackers to trial - if Straight after the rape 6 Myths and Facts about Male Rape 38 that is what the survivor chooses to do. Checklist of steps to take after being Although rape is a difficult subject for Reactions to Male Rape 40 raped 6 many people to discuss, men and womenContents Survivor’s Tools 44 need to share their experiences as rape Reporting to the police and/or laying Intro a criminal charge 7 survivors in order to help and strengthen Ideas about preventing rape 46 each other. Reporting a rape without laying a charge 8 This booklet is our contribution to sharing Laying a charge 9 the information we’ve gathered from our Sexual abuse of children and experience over the years. The book has Giving a full statement 10 mentally challenged adults 51 been updated several times. With this Arrest 11 How sexual abuse can affect children 52 latest update, Rape Crisis has included Medical Attention 12 the new sexual offences act and recent information regarding medical and social If you have reported or laid a charge 13 Some points for discussion 55 aspects of rape. The forensic examination 13 Complaints and gaps in service delivery 55 Return Check up 15 Procedure for complaints 56 Criminal Procedures (bail, trial, sentencing) 15 Complaints about police services 56 A civil case 21 Complaints about hospital services 57 Complaints about court services 57 Reactions to rape 22 The public protector 58 Typical phases of recovery 23 Glossary 59
  3. 3. Why you might find this book useful How to use this book The What is Rape section of the book If you have laid a charge, the Criminal Rape is a violent crime that uses sexual acts e. you’ve been deceived by someone explains how the law defines rape and Justice procedures section outlines what to intentionally harm and hurt another. or by a professional or someone in other sexual crimes. So if you want to to expect, what your rights are, what We cannot talk about rape in polite terms authority to the effect that you need to submit to a sexual act for your physical, know if what has happened to you or a happens at bail hearings, in court, and or hide the truth about it. The Sexual emotional, or spiritual health. loved one is rape or some other sexual outlines sentencing and compensation Offences Act has been in effect since 16 crime, read through this section. issues for both criminal courts and for civil December 2007. This law states that it’s a Penetration: According to the law, this crime to intentionally commit a sexual act could be one of three things, or any act court cases. The What to do if someone has raped you which causes penetration to any extent by: with another without that person’s consent. section provides a checklist of steps you The Reactions to rape section outlines Thus, the definition of rape that is presently a. the genital organs of one person into need to take immediately after being typical responses to rape by survivors used by our legal system is: Any person, or beyond the genital organs, anus, or raped, including medical advice to and by loved ones. This section helps mouth of another person; who unlawfully and intentionally prevent HIV infection, pregnancy, and you to understand what is happening to commits an act of sexual penetration b. any other part of the body of one other possible consequences of a rape. you emotionally and why your behaviours with a complainant (survivor), without person or, any object, including any and thoughts may have changed. It also part of the body of an animal, into or The Reporting a rape to the police and the consent of the complainant, is guilty outlines what to expect as you move beyond the genital organs or anus of laying a charge section then lays out your of the offence of rape. This means that another person; orIntro through the stages of recovery from rape the rapist has to prove that there was rights and what to expect when either c. the genital organs of an animal, into or reporting a rape or laying a charge of rape The Healing section provides some tips consent, or that no penetration took place beyond the mouth of another person. against the perpetrator. to help you get through the trauma of to be found not guilty. To unpack this legal the rape. definition and put in language that is easier Read through the If you don’t wish to lay to understand, we need to explain how Other sexual crimes include: a charge section, to find out what you Others sections in the book that include the law views “consent” and how it defines Statutory rape: Occurs when someone can do to protect yourself and what your important information include Myths “penetration”. commits an act of penetration with a child rights are. and facts about rape, Male Rape, Ideas between the ages of 12 and 16 whether or Consent: According to the law, there is not they consent (if both people involved in about preventing rape, Child Sexual this are below the age of 16 there may be a The Medical issues section outlines no consent if Abuse and Vulnerable adults, Some points decision not to prosecute) what medical needs a rape survivor has a. you are forced by violence or the threat for discussion, the complaints process Incest: With or without consent, it’s a crime whether or not she or he lays a charge of violence to yourself, to a loved one, (police, medical, and court), a glossary of to sexually penetrate blood relations of rape. The Forensic Medical section or to your property. terms and a resource guide. (mother, sister, brother, father, first cousins, outlines what government hospitals b. you are drunk, drugged, asleep, aunts, and uncles) or to penetrate adoptive should do if you are raped and want to Note: In this booklet we will use the word or unconscious. So if you’ve been out relations. gather evidence for a court case. This “survivor” to indicate any person, man or drinking heavily or taking drugs, you Compelled rape: When someone compels are not able to consent to sex. a third person to commit an act of rape What includes an overview of how evidence woman, who survived rape. If we use the is collected from your body and clothes word “woman” please bear in mind that a c. you are younger than 12 years old or on another (compelled sexual assault, mental challenged. or compelled self-sexual assault are also and the medication you have a right to similar process can take place if a man is crimes) receive. This section provides more details raped. If not we will refer the reader to the d. you are forced into consent by your Sexual assault: Sexual acts that don’t fit about PEPs or medication used to prevent section in this booklet on male rape. boss or your teacher, when you into the definition of rape or the threat of is rape? HIV infection. think that not having sex will affect sexual acts that occur without the survivor’s your position at work or at your consent. (Statutory sexual assault is also learning institute. a crime) 3
  4. 4. What is rape? Other sexual crimes include: Statutory rape: Occurs when someone What to do commits an act of penetration with a child between the ages of 12 and 16 whether or not they consent (if both people involved in if someone has raped you this are under the age of 16 there may be a decision not to prosecute) Incest: With or without consent, it’s a crime to sexually penetrate blood relations (mother, sister, brother, father, first cousins, aunts, and uncles) or to penetrate adoptive relations. Compelled rape: When someone compels a third person to commit an act of rapeWhat is rape? on another (compelled sexual assault, or compelled self-sexual assault are also crimes) Sexual assault: Sexual acts that don’t fit the definition of rape or the threat of sexual acts that occur without the survivor’s consent. (Statutory sexual assault is also a crime) Some terms: Gang rape: rape by two or more people Intentional: deliberate, with purpose Statutory rape: When someone commits an act of penetration with a child between Unlawful: illegal, against the law the ages of 12 and 16 whether or not they consent (if both people involved in this are Sexual penetration: Genital organs, body below the age of 16 there may be a decision parts, objects penetrate to any extent the not to prosecute) genitals of a survivor Sexual assault: forms of sexual acts or the Consent: to agree to, or give permission, to threat of sexual acts without consent that say yes when you understand what is being do not fall within the legal definition of rape asked and when you are not forced, or deceived, in to giving consent Vagina: female sexual organ Marital rape: rape by a husband or wife Penis: male sexual organ (whether married by civil, customary or religious law) Anus: the small opening in your bottom Date rape: rape by someone that you are going out with 4 5
  5. 5. What to do if someone has raped you Straight after the rape protected if you receive PEPs (anti- b. It’s better not to drink anything, even Reporting to the police and/or retrovirals used to prevent HIV infection) water, or take any medicine before a Many women blame themselves after within 6 to 8 hours of exposure, so the doctor examines you. However, if you laying a criminal charge sooner you receive medical attention the do, it’s important to tell the doctor who someone has raped or sexually assaulted There is no time limit on reporting rape better. examines you what you have taken. them. Some of the people who you tell or laying a charge. However, the sooner your story to might believe the same e. If you were drunk at the time of the rape, c. Put your clothes into a paper bag or wrap this is done, the easier it is to get evidence don’t let this stop you from reporting them in newspaper. Do not put them into thing. However we believe that you are needed for the court case. If the sexual the matter to the police or from getting a plastic packet because this can destroy not to blame. It is the rapist who is wrong medical treatment – being drunk is not the evidence. crime was sexual assault rather than rape, and who has in fact committed a violent a crime; rape is. Remember that the law you need to lay a charge within 20 years says that you can’t give consent if you’re d. Keep any toilet paper and other sanitary crime. Male rape survivors don’t tend of it happening. Delays in reporting may drunk. material if you need to use the bathroom to blame themselves as much but have (these must be air dried and be placed in no longer be used against you in court, other fears not shared by women – see f. Decide whether you want to report an envelope or brown paper packet) but forensic evidence (physical evidence the section in this booklet on male rape. the attack to the police. You may not such as semen and hairs left on your body feel like making this decision so soon e. If the rapist drugged you in order to rape What to do What to do you, you should have a blood and urine after the rape) may be lost. It’s preferable after being raped. However, the sooner Checklist of steps to take after a doctor examines you, the more chance test within 24 hours if you have decided to go to the police station nearest to being raped: there is that she or he will find strong to lay a charge or if you want to know where the rape took place. No survivor proof like blood or semen on your body, what drug was used. a. Go to a safe place as soon as possible. may be turned away simply because or on your clothes, from the person who b. Tell the first person you see and trust attacked you. Bruises and cuts will stay about what has happened. The first on your body for a while, but semen, hair person you tell is sometimes asked and blood can be lost. to go to court to support your story - this person is referred to as the first Laying a Charge: reporting the crime that Community Service Centre: the reception contact witness. If the person you tell Women often find it difficult to go to the has been committed so that the police area of a police station where you go to is a stranger, write down or try and police. Men find it even more difficult. can begin a thorough investigation of the lay a charge (previously called the Charge remember their name and address. Deciding whether to make a report to the facts and collect evidence in support of Office) This is important if you decide to report police, or not, can affect you in many ways the rape so that the police can find them and you should consider it carefully. these facts Station Commissioner: the police officer and talk to them. Evidence: the physical material in charge of a police station c. If you are badly hurt go straight to a If you do wish to make a case (documents, statements, clothing, hospital or a doctor. They can call the Investigating Officer: the police officer injuries, bodily fluids and so on) produced police to the hospital if you want to You need to preserve evidence of the that gathers all the evidence relating to a report what has happened to you. in court in an attempt to prove or rape. To do this: crime and prepares the case for trial The police can also take you to a hospital disprove the facts of a crime. if you are hurt, or you can summon an a. Do not throw away your clothes or wash FCSU: Family Violence, Child Abuse and ambulance. yourself, no matter how much you want Statement: the first piece of evidence Sexual Offence Unit, this is the unit in the to. This is because there may be proof that is collected is everything that you d. If you are not HIV+ and fear that you like hair, blood, or semen from the police that investigates rape cases tell the police about what happened. have been exposed to HIV, you need perpetrator and what he did to you on to receive medical attention within This is written down, given to you to read your body or clothes. This is important 72 hours (3 days) of exposure. evidence if you decide to report the and then sign if you agree that it’s a true Some studies show that you are better attack to the police. reflection of the event. 6 7
  6. 6. What to do if someone has raped you the rape took place a long time ago or Reporting a rape without people who have been victims of violent down of the full statement. This means was committed in the station area of crimes such as rape. They have been that the police take a skeleton statement, laying a charge another police station. However, police specially trained and will be able to tell and then you go to give a full statement often send you to the police station If you do not wish to lay a charge, you you what to expect and they will help you the following day or within 36 hours. nearest to where you were raped despite can simply report the rape to the police in any way that they can. They will usually The reason for this is that Post Exposure this rule. You do not have to pay any and request no further investigation. take you to a Victim Support Room, which Prophylactics (PEPs) are most effective in money to lay a charge. They must record it in their Occurrence is a safe, private and comfortable space in preventing HIV infection when taken six Book (OB) and give you the OB number; or near the police station where you can hours after the rape. The maximum time however in practise this is not always speak about what happened to you. period for (PEPs) to be administered is If you don’t want to go to the police done at every police station. If you have within 72 hours (three days). It is therefore station, you can ask them to send a patrol made this decision, you still need to get necessary for you to go to hospital as car to your house or wherever you are, medical help. Read through the medical Laying a charge quickly as possible if you’re still within the but this can take a long time. If you decide section to find out what medication you 72 hour cut off period. to go to a police station, you may wantWhat to do What to do need and what needs to be done. Even When you lay a charge of rape, it means to take someone you trust with you. If Also, when a survivor is taken to hospital if you refuse to lay a charge, you should that you want the police to investigate you were drunk at the time of the rape first, it will give her time to either calm get to hospital as soon as possible for a the case and arrest the perpetrator. A you must still tell the police – it’s not for down, come out of shock, or to sober forensic examination and PEP’s. If you police official, irrespective of rank, is not them to judge you for this and may be up before making her statement. Again change your mind later, you will have the allowed to tell you that you cannot lay a important in your case. When you get to allowing a more coherent statement to be physical evidence that the rape occurred. charge, or that you do not have enough the police station, tell the police officer at taken down. proof. There’s no time limit to laying a the Community Service Centre that you At some police stations there are police charge either. Note box: The police often tell the wish to report a rape. who are specially trained to deal with Your statement should be taken down survivor to return in the morning and sexual assault but they may be based at in a private room with a female officer. they will then take them to the hospital another station and take a while to come If you’re at a police station and the police together with a box that contains the to where you are. You also have the right The statement should be translated into don’t allow you to report the rape, it’s Rape Medical Kit. This is not allowed. They to speak to a female police officer. If there your own language and should be taken very important not to give up. Tell them should take the survivor directly to the is no woman on duty, you can ask the down as soon as possible. If you are badly that it’s your right to report the rape and public health facility. Survivors should call police to call one, but this means that hurt, drunk, or very upset, the police may ask to speak to the station commissioner Rape Crisis or another NGO and insist on you may have to wait for them to find a decide to take a short statement from you (the person in charge of a police station). going to a hospital immediately, so that policewoman. The police will try to find a at first and then take a longer statement If they still refuse, go to another police further forensic evidence can be collected woman to help you but sometimes there from you later on, i.e. once you have had station and report the rape. You can and so that they can receive their Post may not be a woman available and a man medical treatment. If you are not injured make a complaint about this later on. Exposure Prophylactics (PEPs) to prevent will assist you. and have reported more than three days (See the section on Procedures for HIV infection. after the rape, then usually the police will making a Complaint in this book for more Many police stations also have Victim try to obtain a very detailed story from Note: Survivors who were drugged by information) Support Volunteers (ordinary people from you the first time they talk to you. the rapist have a short time to prove the the local community) who give their time We would prefer that the survivor is presence of the drug in their bodies. In order freely to come and support and comfort taken to hospital prior to the taking to extract this evidence, drug tests need to 8 9
  7. 7. What to do if someone has raped you be done almost immediately – or at least survivors do not remember all the details you wish to have the rapist, once arrested kept in jail, convicted of the crime and within 24 hours. This test is unfortunately of what happened to them because or located, tested for HIV at State expense. then sentenced. There is still a long way quite expensive and some hospitals don’t they are upset and shocked by what You don’t have to make this decision to go. You might have to phone the police do these tests - they can be done at a private happened. If you remember something immediately. This test can be taken up to 90 many times to find out what is happening pharmacy or private hospital. else later which you did not say in your days after the rape occurred. The benefit of with the case. first statement, you can tell the police asking for this is that the rapist may receive Your investigating officer should inform and have it added to the statement. The a harsher sentence if he was HIV+ when he you once the perpetrator has been Giving a full statement court may question you later about why committed the rape. The down side is that arrested. A common practice amongst you made these changes but it’s better to it may be stressful for you. Also, even if the The police will ask you to tell them what police is to take the survivor with them to have the whole story clearly laid out in full test comes up negative, you would still need happened to you. Everything you say point out the perpetrator. If this is done, for the court to hear. to continue taking PEPs for 28 days because is written down. This is referred to as the survivor should be made to feel safe the rapist may be in the window period. a statement. This is so that the police When you report to the police, you will be as this is a traumatic experience for them. given a case number. This should be kept If possible this type of pointing out shouldWhat to do What to do can start trying to find the person who attacked you. Try and tell them everything so you can refer to it if you have questions be avoided owing to the trauma involved. about your case. You may also ask for a Arrest If you don’t know the person who raped that you can remember that was said and done to you by the perpetrator. copy of your statement. Laying a charge and starting an you, you should then be allowed to check investigation does not guarantee that mug shots or describe the person for an It’s your right to give your statement to You must tell the police in detail where the person who raped you will be caught, identikit to be drawn. the police in a private place. It’s your right you live and, if possible, give them a to say who you want in the room while telephone number where you can be you make your statement provided that contacted. It’s important to tell the police person is not a witness to the rape in if you change your address or telephone which case he/she will also be asked to number so that they can still contact you. make a statement in a private room. Keep the telephone number of the police station and the name of the person who Morning-after pill: an oral contraceptive HIV negative: not having the virus that You are allowed to make your statement took your statement. Later another officer (pill) that prevents pregnancy if taken a few causes AIDS in your home language. If the police will investigate your case; this will be your hours after sexual intercourse. officer taking your statement doesn’t HIV positive: having the virus that causes speak your language, the police should Investigating Officer who will be in charge Abortion: terminating or ending a AIDS find an interpreter to translate for you. of everything to do with investigating pregnancy Acquired Immune Deficiency Syndrome this crime and preparing the case for Do not sign your statement until you TOP:Termination of Pregnancy (AIDS): a sexually transmitted, incurable court. Your case number stays the same. disease caused by HIV agree with everything in it and are happy You should be given the number of the Sexually Transmitted Infection (STI): with the way it has been written. This is investigating officer and a further back Post Exposure Prophylaxis (PEP): a disease or infection passed on or caught very important, because your statement up number if you can’t get hold of the is taking medicine to ensure that you don’t by having sexual intercourse is the first piece of evidence that a rape investigating officer. contract HIV as a result of the rape has been committed and it will be used HIV: Human Immunodeficiency Virus that Note: The police should ask you whether Perpetrator: the person who committed a as part of the court case. Many rape can lead to AIDS crime (e.g. the rapist) 10 11
  8. 8. What to do if someone has raped you Medical Attention hours needs immediate medical attention. • The rapist might have given you a they may still be hurt. Also, given the PEP Another rare but serious side effect, which sexually transmitted infection (STI). requirements to prevent HIV infection, The main reasons for getting medical may be caused by taking Viagra, is a sudden The doctor that sees you after the rape rape survivors should be seen as attention after a rape are: should put you on a course of loss of vision. Call your doctor immediately antibiotics to prevent this. If you have potentially fatally injured even when not • Infection – you don’t (often) know how or go to an emergency room for evaluation. any discomfort, itching or discharge bleeding due to possible infection. The many sexual partners a rapist has had, or from your vagina after that, return to sooner PEP’s are administered, the less what state of health he’s in so, it’s crucial your doctor and ask for antibiotics to to see a doctor for treatment that If you decided not to report the rape or likely it is that infection will occur. treat the STI. will prevent STIs (Sexually Transmitted lay a charge • If you are HIV-, make sure Hospitals sometimes refuse to see a Infections) and the transmission of HIV. • You should go to your own doctor, or a survivor until she has spoken to the You need to receive HIV prevention that your doctor gives you an HIV test State hospital or clinic. You should medication as soon as possible after a and antiretroviral treatment within police. This practice is illegal and you may say you have been raped and want rape – within six hours is preferable, 72 hours to prevent you obtaining HIV inform the hospitals of this. Speak to the treatment and although some clinics but the maximum delay is 72 hours infection. This treatment is called will charge you a fee for treatment, if person in charge and demand your rights. (three days) after which preventative Post Exposure Prophylaxis (PEP). You you can’t afford it the State will provideWhat to do What to do medicine will not work. have to take tablets every day for 28 You will be examined by a Clinical a free service. days. These tablets have unpleasant • Injuries - because rape is a violent Forensic Practitioner, which is a nurse or • If you are unsure of your HIV status ask side effects that can be difficult to live act, injuries often occur- even though with for a whole month such as nausea, doctor who has been specially trained for an immediate HIV test to ensure you may not be hurt externally, orvisibly, vomiting, feeling very tired all the time to gather evidence of crimes and offer that you were not positive before the rape you may well be injured internally. and some ‘flu like symptoms. Don’t occurred. If your results are negative, ask medical treatment. The police will take Also, the way you’ve been treated may suffer in silence – tell your doctor about for PEPs you to the nearest health facility that have caused spinal mis-adjustments, it because you may very well be able and you may also have cuts, bruises, and • Ask for the Morning-After Pill (MAP) to to take something to relieve these side offers this service. This may take a long so on. stop you from getting pregnant if you effects or let them disappear. time and you might want someone you see a doctor within three days of being trust to be with you – the police will make • Possible pregnancy - no one wants to • If you need time off work or school to raped. This is usually called Nolevel and fall pregnant as a result of being raped. recover or to deal with these symptoms, these arrangements. should be taken within 72 hours of being So it’s very important to receive ask your doctor to book you off with a raped. The pills might make you feel sick, treatment to prevent pregnancy. sick leave certificate. and you will start to bleed. This bleeding • Evidence – if you lay a charge, the is like a normal period. • You should also think about having The forensic examination: doctor’s report is vital to your case. another HIV test after three months, • If you do fall pregnant from the rape The Clinical Forensic Practitioner’s job is Even if you are unsureof whether you because the HIV virus can take three and you decide you do not wish to wish to lay a charge, you can use this months to show up. The virus can take to collect medical evidence in support of continue with the pregnancy, then you opportunity to gather physical evidence longer to show up in children so they your statement to the police. Before this can obtain an abortion or termination of that can be used if you decide to lay a should be tested up to 18 months after pregnancy (TOP) from the State. can happen, you will have to sign a police charge later. being raped District clinics will perform 308 form to say you agree, or give your abortions up to 12 weeks into the consent, to be examined. The examination pregnancy. Major hospitals and some Note: Tablets such as Viagra are used is sometimes embarrassing and private clinics will perform abortions If you have reported or increasingly with regard to male rape. up to 20 weeks. If you decide to continue uncomfortable, but it’s the only way to find These tablets bring on an erection. Be with the pregnancy but you don’t wish laid a charge physical proof of what happened. It can also aware of serious side effects. An erection to keep the baby you can contact an Survivors should be taken to hospital be a way to the rapist’s DNA on your body adoption centre to discuss further options. that is painful and/or lasts more than 4 immediately, even if they are not bleeding that links that perpetrator to the crime. 12 13
  9. 9. What to do if someone has raped you The doctor or nurse will ask for your suspect that you were drugged by the Return Check up not go to court, doesn’t mean that the medical history. This includes when, where, rapist, tell the doctor. However, currently police and the prosecutor don’t believe and what happened during the rape and the hospitals often don’t run drug tests, You’ll be asked to return to collect the you, it simply means that there is not he/she will ask when last you had and the evidence is lost very quickly. If you remainder of your PEP tablets in a few enough evidence to take the case to court. consenting sex, whether you’ve had can afford it, try to get this done privately if weeks. You’re expected to take the tablets If this happens, you have the right to civil children, and when you last menstruated. possible. for four to six weeks. Many survivors court case, which requires less evidence. This helps the doctor to know whether struggle to do this, because the tablets See the section on civil prosecution for After taking your tablets, you’ll be asked often make survivors feel nauseous, any tears occured in the vagina result of more information. to lie down on a table and the doctor will drowsy, confused, and may cause a the rape. Note: Interdict or restraining order: examine your whole body. The doctor will constant headache. Survivors can ask their Once this is done, you’ll be asked to take samples to find evidence of the rapist’s If the charges are dropped by yourself or doctor for medication to relieve these remove your clothes and place them hair, saliva and semen. So it’s important to by the prosecutor, you can still apply for symptoms. It’s very important to complete on a large sheet of paper; these clothes tell the doctor where the rapist touched you a restraining order that clearly stipulates the full course of Anti Retrovirals (ARVs) or are then taken for evidence. Next the and whether you scratched him, so that as rapist should not contact you. If he or sheWhat to do What to do you may contract the virus. doctor will take a swab inside your much evidence as possible can be collected. does this once you have a protection order, mouth to try and obtain a saliva sample the perpetrator can be arrested. You can set Remember that this process is about the terms of the interdict according to your from the perpetrator. If the rapist did “gathering evidence”– questions and Criminal Procedures own needs. A deadline should be set to serve not kiss or orally rape you, tell the doctor immediately, and you can then the collecting of samples are aimed at (bail, trial, sentencing) the interdict on the accused person. establishing that it was the rapist who drink water and take your tablets. An Identity parade. If the rapist is arrested, Bail Hearing. Your investigating officer attacked you. immediate HIV test is run to determine if there may be an identity parade. You’ll should inform you when a bail hearing you’re already HIV+. If you’re HIV-, you’ll be All this information will be written on have to point him out from a row of men will be held. However, because you are given tablets to prevent HIV infection as a form known as J88, which details the who look similar to each other. You don’t not expected to attend a bail hearing, a result of the rape. These tablets include doctor’s findings for use in court. The have to touch him or be in the same some inspectors don’t let you know. 3TC and Crixivan (if you were anally raped evidence collected by the doctor is then room as he is and one-way glass (you can Ensure that you have the inspector’s Kaletra is usually added to the mix). You handed to the police and, if a suspect see through it from your side but, from number and ask him to tell you whether will also be given Nolevel, which prevents is apprehended, it will be sent off to a their side, the men can only see a mirror), or not the rapist is released on bail. Before pregnancy. These drugs cause nausea and forensic laboratory for further analysis. If where you are physically separated from bail can be granted and an amount set, you may throw up unless you’re given not, it will be kept safely until it’s needed. the arrested suspect, should be used. the suspect has to appear in court before a sandwich or some food to help keep a magistrate who will make the decision. Note: You may choose to go to your own Charge to public prosecutor. The the medication down. Later side effects Although you don’t have to be there, you doctor instead of the Clinical Forensic prosecutor will look at the available include headaches and ongoing nausea have a right to attend this bail hearing. Practitioner. Your own doctor must the J88 evidence and decide whether to – speak to your doctor about pain killers You can be asked to give supporting form and be prepared to go to court to give prosecute or not. The prosecutor may and anti-nausea medicine to help you evidence on why you think the rapist evidence. Unfortunately many doctors and also decide whether the case needs to deal with these side effects. should not be released, but it’s better for private hospitals are not trained to do this be further investigated before a more You will also be given antibiotics (Doxy so, you must find out if your doctor is able to informed decision to prosecute or not is you to tell the investigating officer these Cycline, Cyproflax, and Flagyl). If you do this examination. made. If it’s decided that the matter will reasons and to write them down so that 14 15
  10. 10. What to do if someone has raped you you don’t actually testify in court at this Being granted bail doesn’t mean that the If you do not attend this hearing, you can the case comes to trial. It’s a good idea to stage of the case. courts think the accused is innocent; it phone the Investigating Officer and find go with someone before the court case means that they think that he will come out the results. When a person is allowed to see what a courtroom looks like, where You should have the choice to go to the back to court for the trial and that he will out of jail on bail, he is not allowed to do the different people sit and what they are hearing if you wish to. If the perpetrator not interfere with you before the trial. certain things such as leave the country or there to do. In some places, you may ask a is granted bail, you may wish to obtian intimidate you or your family in any way rape counsellor to go with you to court. a restraining order to ensure that the Conditions where it must be very difficult (you shouldn’t even have to see him during perpetrator doesn’t contact you. When you go to court, stay in a waiting for the court to release a rape accused this time). If you know any of these things room separate from that of the include: have happened, you must let the police If the police have served the perpetrator (if possible), before testifying. • if he raped you more than once know about it straight away. If the police perpetrator with a restraining order Having to see the accused may cause do nothing about it, you must report this • if there was more than one person who you unnecessary stress and could affect before the bail hearing, his chance of raped you and they were in it together to the Station Commissioner, an NGO receiving bail is reduced. So if this has the quality of your testimony. Rape Crisis such as Rape Crisis, or to the Independent • if he already has two or more rape has offices at some courts and you areWhat to do What to do been done, give this information to the charges against him Complaints Directorate (see the section on prosecutor before the bail hearing. welcome to use these. The prosecutor Procedure for Complaints in this book). should reimburse you for any travelling • if he knew he had HIV/AIDS at the time The rapist may be released on bail. Bail • if you are under 16 and waiting time spent in court. The is money paid as security against the funds for this are limited. • if you are made vulnerable by a physical The court case or trial temporary release of a prisoner awaiting disability trial. This means that he will not remain in You cannot be represented by your own • if you are mentally ill or challenged Postponements jail until the court case but must appear lawyer in court. The State will provide in court whenever required or his bail • if he inflicted grievous bodily harm during the rape you with a lawyer known as the State Be prepared for postponement, where money will not be returned to him. Prosecutor who represents the State the case is delayed because either the • if he or his family threaten you and acts on your behalf. This is because Prosecutor or the accused’s lawyer (who rape is seen as a crime against the State. is called the defence attorney) needs Forensic: a word associated with courts of J88 form: a form used as evidence in It’s a good idea to meet with the State more time to prepare for the trial. You law and crime detection court, completed by a Clinical Forensic Prosecutor before the trial. She or he can may request a postponement yourself if Practitioner, describing any medical give you information about how the trial you are not ready to appear in court due Forensic medicine: medical knowledge evidence found on or in the body. will be conducted. You should find out to emotional difficulties or because you applied in crime detection and for courts what questions you may be asked. are ill, or writing exams, and so on. Thus, of law DNA: Deoxyribonucleic acid is a long there are many reasons, both good and molecule in our cells that defines what When the matter first goes to court it will Clinical Forensic Practitioner: a doctor or bad, for delaying the court case. These we look like and some of our personality not go to trial immediately. Also the case nurse trained to examine a person’s body postponements happen frequently, so try traits. This molecule is copied and is usually postponed a few times before for evidence of a crime and as part of a to prepare yourself. You are allowed to read inherited across generations and is it’s trial ready. So you don’t need to attend criminal investigation. your statement again before the trial starts unique to a person in the same way that a court at the start, your investigating officer finger print is unique. to remind you about what you said to the Semen: sperm; the thick, white fluid that will tell you when you need to come to the men produce from the penis when they police immediately after the rape. You court. It may take many months before have sex. should discuss this with the prosecutor. 16 17
  11. 11. What to do if someone has raped you In camera seen on a TV set in the courtroom. This the CCTV linking the two rooms. If the If there were any other people who saw is possible if it’s thought it would be too court does not have this facility, you can the rape, they too will give their evidence. If you are under 18, the court will be traumatising to give testimony in the request that the case be moved to one The first person you told about the rape cleared of the general public. If you are same room as the accused. Prosecutors that does have it. The request may or may also be asked to give evidence. The over 18, you can ask that the court be must consider this option in all cases. If may not be granted, depending on the Investigating Officer will give evidence cleared of the general public while you this option is denied for children under circumstances. uncovered by his or her investigation of give your evidence or testify. This type of the age of 14, the court must give reasons the case. The doctor that examined you hearing is called an “in camera” hearing. for this refusal. after the rape will give his or her evidence. The court workers and the rapist will, Giving testimony The accused will then give his evidence however, remain in the court. You may and will be asked questions by the ask for a rape counsellor, or your family Using an Intermediary As the survivor, you’ll probably be the first Prosecutor. The Prosecutor will try and get and supporters, to stay with you provided person to give evidence in the trial. All the him to reveal any lies he may try to tell the Children under the age of 18 and people details of the trial will be recorded either none of them are witnesses in the trial court about what happened. who are mentally challenged, may beWhat to do What to do – other witnesses will have to remain through a microphone in front of each able to use an intermediary to testify. person that puts their words on tape or outside until after they have testified and The questions asked in the courtroom by a court stenographer who types out then they can join you. Evidence no longer needed are relayed to the intermediary via everything that is said. headphones. The intermediary sits with or allowed CCTV the vulnerable witness in a private room You are entitled to speak in your home 1. Previous consistent statements – the in the same building. The intermediary language. A court interpreter will translate law previously expected survivors to Survivors may be allowed to use closed for you if the members of the court don’t tell someone what had happened shortly then asks the question to the witness and circuit television (CCTV) and give their speak your language. If you think that after the rape, and this “first report” was her questions and the witness’s reply is evidence from a separate room that is they’re not interpreting properly, you often key to a survivor’s testimony. Now, relayed back to the courtroom through earlier and consistent statements or must tell the magistrate or the prosecutor first reports on the rape can be used this. but aren’t necessary for her testimony to be believed. Alleged rapist: a term used in the media Witness: the person present at an event You have only one chance to tell the referring to the person presumed to be the who is able to give information about it court what happened. You must do this 2. Delays in reporting – the court may now rapist, before the offence has been proved not draw any conclusions from the delay in court and the person found guilty Postponement: an arrangement for the in as much detail as possible. The truth between being raped and reporting the court hearing to take place at a later time is enough; you don’t have to defend rape. Accused: the person declared to be - and yourself even though the defence suspected of being - the person who Testify: to bear witness and give verbal 3. No cautionary rule – previously the committed the crime evidence to the court of a crime attorney will try and make out that you survivor’s testimony was to be viewed Sentence: to condemn a convicted are lying. He or she will try and prove to with caution in that she may be lying. Now State Prosecutor: the lawyer paid by the criminal to a specified punishment the court that the rape didn’t happen your evidence should not be viewed with State to take charge of court cases against or that you agreed to have sex with the caution. people accused of crimes such as rape. In camera: this means that the general public will not be able to sit in to listen to rapist, or that you aren’t telling the truth 4. Character and previous sexual history Intermediary: the person who is trained your case. The only people allowed are the in some other way. He or she does this in – no evidence of your previous sexual to use the CCTV and to act as the link accused, his support people, yourself, your order to try and defend the accused. history may be presented in court. between the court room and the witness support people, and members of the court. However, the defence attorney may apply in a separate room 18 19
  • parminder157

    Mar. 3, 2014

The guide is a comprehensive booklet provided to court supporters who assist survivors going through the process of a rape trial. The Court Support Project was put in place by the Rape Crisis Cape Town Trust in 2007 with the aim of supporting rape survivors so that they take their trials to completion. Rape survivors often have no prior experience of the court system, are not sure of the processes that will be followed, of who the different role players in court are and, most importantly, what is expected of them when they are called upon to testify. The court supporter shares all of this information not only with the rape survivor but also any family members that are there to support her or to testify as witnesses in the case. The booklet forms part of a larger project that includes the training of community based volunteers as court supporters who are then based on site at regional courts. Rape Crisis offers this service in collaboration with the National Prosecuting Authority and the Department of Social Development and as an adjunct to their three counselling services in Khayelitsha, Observatory and Athlone. Through the Road to Justice Project Rape Crisis also recruits and trains counsellors based at two Thuthuzela Care Centres in Cape Town seeing in excess of 5 000 rape survivors per year through all of these services combined. In addition Rape Crisis trains volunteers based at police stations around the province in how to support rape survivors coming to report rapes at their Community Service Centres.


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