
Know your rights
Weeks after the first Olympic Games in history to achieve gender parity and some stellar performances by women athletes in Paris, the world was shocked by the death of Ugandan marathon runner Rebecca Cheptegei, who was set alight by her boyfriend in Endebess, Kenya. Cheptegei is the fourth female athlete to be murdered by an intimate partner in Kenya over the last three years. World-class athletes make the news, but thousands of women suffer violent abuse at the hands of partners every year. In South Africa we are sadly all too familiar with sexual offences. South Africa is considered to be the rape capital of the world, with 51% of women saying they’ve experienced gender-based violence (GBV), and 76% of men saying they’ve perpetrated GBV at one stage in their lives. In the second quarter of 2023/2024, South Africa recorded 10,516 rapes, 1,514 cases of attempted murder, 881 women murdered, and 14,401 assaults against female victims. Many campaigns and organisations strive to shift the social attitudes and norms that allow this to happen, and we sincerely hope you never experience a sexual offence. But everyone should know what to do if the worst happens. We explain the legal framework, how to report an offence, and what your rights are if it happens to you. We list some support organisations at the end of the article.
Legislation
Sexual offences are serious crimes in South Africa, with profound legal, social and emotional implications for survivors. The legal framework for dealing with sexual offences is primarily governed by the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (Sexual Offences Amendment Act or SOAA). The Act covers a wide range of offences, including:
- Rape: non-consensual penetration of a person, regardless of gender
- Sexual assault: unlawful and intentional sexual violation without consent
- Sexual exploitation: involvement in or benefiting from the sexual exploitation of another person
- Child pornography: involvement in creating, distributing, or possessing child pornography
- Human trafficking for sexual purposes: trafficking persons for the purpose of sexual exploitation
Reporting a sexual offence
As a first step, the matter will need to be reported to the police by the survivor, or another person on their behalf. You may find yourself in either of these roles. You can report sexual offences at any police station. The police are obligated to open a case and begin an investigation immediately. The sooner you report the offence the better, as timely medical and forensic examinations can provide critical evidence.
If you have experienced a sexual offence, reporting the incident can be traumatic. You may forget important details that you later remember. If you then feel your statement is wrong or incomplete, you can make another statement. You can also make your statement in your own language. You have the right to a copy of your statement. Once you make your complaint, the police will give you a case number to use whenever you want information about your case.
If appropriate, the investigating officer will make sure you are examined by an accredited health care worker, who will complete a medical report and collect medical evidence. The results of this examination are documented in a J88 form, which serves as vital evidence in court. Make sure the investigating officer knows how to contact you at all times, including when you move to another location. It is your responsibility to notify the police official of any change of address. The investigating officer will let you know:
- When the suspect is arrested
- If the suspect is released on bail
- If you need to attend an identification parade
- The date of the trial
- When you will have to give evidence
- The outcome of the case
Keep the responsible police official’s telephone number handy so you know where to get information about your case.
Once the police have conducted their investigation and there is enough evidence, the case is then referred to the National Prosecuting Authority (NPA). If the NPA decides to prosecute, the suspect is formally charged and the matter proceeds in court.
No time limit on reporting a sexual offence
If you are too traumatised to report the offence to the police at the time, you can report it any time after the offence (although it may not be possible to gather physical evidence when time has passed, such as hair or garment fibres or body fluids). The South African Constitutional Court issued a unanimous judgement removing the time limit in which to institute a criminal prosecution for any sexual offence in South Africa, regardless of how long ago it was committed, or whether the survivor is a child or adult.
Survivors’ rights in sexual offence cases
If you are a survivor of a sexual offence in South Africa you have specific rights that ensure you are treated with dignity and respect throughout the legal process. These rights include:
- The right to privacy and confidentiality: you have the right to keep your identity confidential when you report cases to the police or at a public hospital or clinic. When you report to the police, you will be taken to a separate room where you can give your details in a comfortable environment.
- The right to protection: you can apply for protection orders if you feel threatened or unsafe. These orders restrict the accused from contacting or approaching you.
- The right to information: you have the right to be informed about the progress of your case, including court dates, outcomes of hearings, and any decisions regarding bail.
- The right to medical care and counselling: you are entitled to free medical care following a sexual offence, including access to post-exposure prophylaxis (PEP) to prevent HIV infection. Counselling services are also available to help you cope with the trauma.
- The right to testify in a supportive environment: to minimise trauma, you can testify in court through intermediaries or closed-circuit television (CCTV) rather than in open court. The court may also be closed to the public during your testimony.
Where to get help
Unfortunately, sexual offences rarely happen in isolation or as a one-off. You may be experiencing sexual abuse or GBV and feel unable to report it, perhaps out of fear of repercussions from your partner. If you need help right now, call us immediately. SD Law is a family law firm with deep experience of helping women escape abusive partners. We can serve a protection order on your partner, connect you to support services, and make sure you and your children are safe. Some resources able to provide immediate support and guidance are listed at the end of this article.
If you want to report an offence
It is your choice how and when you report a sexual offence. We encourage you to open a case as soon as you feel able, but will never try to persuade you to do so before you are ready. We will support you fully in the process. Contact Simon on 086 099 5146 or email sdippenaar@sdlaw.co.za to discuss your case in complete confidence.
Further reading:
- Empowering survivors of sexual offences
- Moving on from abuse
- Domestic Violence Amendment Bill
- I am frightened of my partner. How do I secure a protection order?
Important resources:
- The Reeva Rebecca Steenkamp Foundation
- Rape Crisis
- Lifeline Western Cape
- POWA (People Opposing Women Abuse)
- Sisters Incorporated
- Huis Jabes
The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.