Stakeholder Summary >> South Africa, Review Documentation, 1

The Masimanyane Women's Support Centre (MWSC) indicated that the South Africa's Anti-Rape Strategy was implemented in 2003, yet official rape statistics released from 2000-2005 indicate an overall national increase in reported rapes from 52,891 to 65,93925, and, according to Children Now (CN), around 50% of these are perpetrated against children. CSVR noted that it represents one of the highest rape statistics in the world. However, as noted by CSVR, a report by the South African Law Reform Commission (SALRC) found that in the year 2000, only 5% of adult rape cases and 9% of child rape cases reported to South African Police Services resulted in convictions. Respectively, 68% and 58% of cases reported to the police did not even make it to court. 15% and 18% of cases were withdrawn. Withdrawals included cases where the rape survivor was intimidated by the perpetrator, where the rape survivor was afraid of the possible reaction of unsupportive partners or parents; or because the police persuade the complaint to withdraw the charges where the evidence is weak. Progressive legislation does not guarantee the end to gender-based violence, but it is a step ahead. In this regard, an important piece of legislation is still languishing of the National Assembly. CSVR indicated that the Criminal Law (Sexual Offences and Related Matters) Amendment Bill was passed by the National Assembly on 22 May 2007, but the hopes of the Bill finally becoming an Act in the year 2007 are fading, as it is now been revised at a very slow pace by the National Council of Provinces (NCOP). The Bill has been in the drafting for almost 10 years, denying victims of sexual violence access to justice and full exercise of their human rights. According to HRW, rape continues to be under-reported and complaints frequently receive inadequate response by police officials. The Government has established 52 specialized sexual offenses courts (SOCs) throughout the country, which have had relative success in improving conviction rates. The Government has also established 10 Thuthuzela Care Centers (TCCs) in close proximity to these courts, where survivors of rape are able to report the crime, access specialist investigators and prosecutors, and obtain medical care and counseling. [Para 14]