Browsing by Subject "sexual offences"

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    Open Access
    Rape Unresolved: Policing Sexual Offences in South Africa
    (UCT Press, 2015-01-01) Smythe, Dee; Smythe, Dee
    More than 1 000 women are raped in South Africa every day. Around 150 of those women will report the crime to the police. Fewer than 30 of the cases will be prosecutedand no more than 10 will result in a conviction. This translates into an overall convictionrate of 4 – 8 per cent of reported cases. What happens to all the other cases? Rape Unresolved is concerned with the question of police discretion and how its exercise shapes the criminal justice response to rape in South Africa. Through a detailed, qualitative review of rape dockets and victim statements, as well as interviews with detectives, prosecutors, magistrates and rape counsellors, the author provides key insights into police responses to rape. A complex picture emerges, of myths and stereotypes, of skills deficits, of disengagement by police as well as victims. Responsibility for the investigation of the cases – and their ultimate failure – is shifted onto the complainants, who must constantly prove their commitment to the criminal justice process in order to be taken seriously. The vast majority of rape victims who approach the criminal justice system in South Africa do not receive justice or protection. This book uncovers the fault line between the state’s rhetorical commitment to addressing sexual violence through legal guarantees and the actual application of these laws.
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    Open Access
    South Africa's rape shield: Does section 227 of the Criminal Procedure Act affect an accused's fair trial rights?
    (2016) Omar, Jameelah
    Rape shield laws are a critical aspect of the protection of rape complainants during the criminal justice process. The rationale of rape shield laws is to protect complainants from having their sexual reputation or behaviour used to reduce their credibility, particularly as the inferences drawn are based on historical prejudices against women, and do not actually assist with the fact-finding role of the court. This article will argue that Section 227 of the Criminal Procedure Act 51 of 1977 aims to finding the correct balance between the protection of the complainant’s rights to privacy and dignity, while upholding an accused’s right to a fair trial, including the right to adduce and challenge evidence. However, the sparse case law related to section 227 raises questions about its successful implementation by courts.