Suffering rape or abuse in itself is traumatic.
It is therefore important to ensure victims suffer as little secondary trauma as possible when reporting the case, undergoing the necessary medical examinations to gather evidence and during court processes.
Lana O’Neill, community activist and founder of the NPO Heavenly Promise, which provides support to women and children who have been the victims of abuse, says when reporting sexual crimes such as rape, the first step is to ensure the victim doesn’t wash, as this will destroy crucial evidence.
“Children should be accompanied by an adult they trust when reporting the case to the police,” she said. “Their statements should ideally be taken in a child-friendly space.”
Once done, he or she will be taken for medical examination so a doctor can complete a J88 form, one from a medical practitioner on completion of a medico-legal examination. In the case of sexual abuse a rape kit will be completed.
A social worker has to be contacted to interview the child and determine whether she should be moved to a place of safety.
Capt Buks Hanekom, head of the Family Violence, Child Protection and Sexual Offences (FCS) Unit, says as soon as the case is registered a FCS detective will take the victim’s statement and a social worker will assess whether the child can testify in court.
The detective and forensic experts will visit the crime scene to gather the evidence and interview any other possible witnesses.
Once the suspect has been arrested, he will appear in court. “We oppose bail in all rape cases,” explained Hanekom.
The prosecutor will consult the victim to prepare her/him for the trial. When minors have to testify during the trial, they will do so with the help of an intermediary in a special room with a one-way window or CCTV cameras.
“This is done to spare the victim any further trauma,” Hanekom explains. “Babies and toddlers cannot testify. In such incidents the case will depend on forensic evidence and testimony of eyewitnesses and/or expert witnesses.”
O’Neill says all role players should join forces and hold government accountable for services. “We should demand each town has its own FCS unit and safe houses, where doctors and social workers can work with survivors.”
