In South Africa, a woman is raped every 12 minutes, and for that, it has been named the ‘rape capital of the world’. One in every three women has reported experiencing sexual assault of some form during their lifetime. The sad reality is that many of these cases still go unreported, with one reason being that women are not fully informed about what activities and actions comprise sexual assault and rape in South Africa.
In South African law:
Rape: Defined as the intentional and unlawful act of sexual penetration committed without consent. According to the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007, any act of non-consensual penetration, including vaginal, anal, or oral penetration, with any part of the body or an object, constitutes rape. Consent must be given voluntarily and unequivocally for any sexual activity to be considered lawful.
Sexual assault: A broader term that encompasses various non-consensual sexual acts beyond penetration, as opposed to the specific definition of rape. Sexual assault refers to any unwanted sexual behaviour or act that violates a person’s sexual integrity or autonomy. This includes unwanted touching, groping, fondling, or any form of sexual coercion or intimidation without the victim’s consent.
I was raped: What do I do now?
STEP 1: SAFETY:
To survive is your first priority. Call for help and support if the perpetrator left and save the evidence (see step 2). If you have to escape, do so while protecting as much of the evidence as is safe to do.
STEP 2: SAVE THE EVIDENCE
Collect all your clothes, including the underwear you were wearing and take any items that could contain evidence of the assault, like a used condom, with you – if you have to leave and if it is safe to do so. It is best not to remove any other evidence from the crime scene nor change out of the clothes worn at the time of the attack to preserve all the evidence. Put on underwear as soon as possible to capture any evidence inside you, in your clothing. Gravity will cause semen to drain away from the body. Do not shower, go to the bathroom, wash your hands or brush your teeth or hair. If available, put all the evidence in a cardboard box or a paper bag. Plastic bags are not ideal, but use them if necessary and try to keep the evidence cool.
STEP 3: SUPPORT AND REPORT
Get a family member or close friend to wait with you for the police to arrive or to accompany you to the police station to report the incident immediately. Ask a family member or friend to advocate for you. You may insist that a female investigating officer (IO) assist you. The IO will open a docket and take your statement (a brief description of what happened) and your personal particulars. You may provide a further statement to the IO at another time if you feel too traumatised to thoroughly describe what occurred immediately after.
Evidence and further investigation
After you have given your statement, you will be taken to a hospital or other medical facility to gather further evidence in the form of a rape examination kit.
A rape examination kit includes a medical examination to document injuries and to collect DNA and other evidence. The clothing worn during the attack will be collected during the examination, and swabs will be taken from various body parts. This may include swabs from the mouth, genitals and other relevant areas to collect potential DNA evidence of the assailant. Additional evidence that will be collected includes hair, fibres or any other potential pieces of evidence found on the survivor’s body or clothing. These are then carefully collected and documented, along with detailed notes and photographs of injuries.
The IO may want to interview you again to gather more information about the assault. Questions about the incident, events leading up to the incident, information about the assailant and any other relevant information will be helpful in the investigation.
Manage your expectations about the time it could take to prosecute the assailant. Years of justice decay in South Africa means that it could take years to arrest a suspect and just as long to prosecute, and unfortunately, many cases go unsolved. But every woman who reports a rape and every piece of DNA that gets filed increases the chance of catching the criminal in the future. The reality is that rapists seldom stop at one victim. If no one speaks up, he always gets away with it, but every woman brave enough to speak up significantly increases the odds of a conviction.
STEP 4: COUNSELLING
Commit to long-term counselling. Recovering from trauma is a long process and impacts all your relationships, especially romantic relationships. Counselling will also help you to deal with the frustrations of the delays and insufficiencies of the South African justice system.
IMPORTANT THINGS TO KEEP MOVING FORWARD
- Rape or sexual assault isn’t your fault. It is a crime committed by a despicable criminal.
- The rape made you a victim. Getting up and getting yourself to safety made you a survivor.
- He may have taken your power during the assault, but by collecting the evidence, you have claimed the power to have him prosecuted.
- Isolating and violating you was his criminal act, not your fault. Allow safe people to support you in the battle to reject the shame of his actions and fight for justice.
- Even if justice isn’t guaranteed, telling your story is a big part of taking back your power.
- Focus on your healing. You were a victim. Then you survived. Allow yourself to thrive. That is how you will break the hold he may have had on you. This is the path of a victor.
