Given the recent conversation around rape in South Africa, we decided to test how prepared our officers in the immediate Cape Town area are to assist a citizen wanting to lay a charge of rape. We visited Lansdowne Police Station, Claremont Police Station and Wynberg Police Station, and asked the Constables on duty to define rape for us, as well as lay out the procedure for reporting a rape.

As a control definition, we asked Michelle Solomon – Media Liason of the Silent Protest and the chair of the Gender Action Project in Grahamstown – to provide us with a logical standard of what rape is. This is what the Constables on duty answered, and what Michelle (who was not present during the interviews) has to say regarding their answers.

Lansdowne Police Station – Constable Gobi

[Note: Constable Gobi took us from the front desk to a cubicle where he proceeded with these answers. The first question was misunderstood, but after clarification he continued with the below.]

What is rape?

Oh okay, how can I say. Okay there is male rape and female rape, neh? And it is when someone has sex with that person without their consent. It doesn’t have to be forced neh. So ya, when somebody penetrates a male or female without that persons consent.

Michelle responds:

This answer is vague enough that it’s difficult to immediately establish whether or not he understands that rape is a broad definition. His insistence to distinguish between male and female rape is worrying, because the SOA explicitly sets out that it is applicable to all forms of sexual offence, irrespective of gender.

What is the procedure?

If they come in and want to open a case? Okay. Like I said you get male rape and female rape, so it depends if the person is male or female. They have an interview with an officer and a male will have a male officer, ya? Then they come to us to make a statement and they can have counselling if they want. But if they are too, how can I say, traumatized, they don’t have to make a statement that day. There is no time limit for reporting the case. They can report it two weeks after it happened or a year after it happened.

Michelle responds:

This officer seems to be suggesting that male police officers should interview male victims, and female officers interview female victims. This is important for victims to feel comfortable and safe as a victim support issue.

The officer suggests that victims can come back to make a statement, but he has not made any indication that the physical/forensic evidence must be collected as soon as possible, before it is damaged or lost. But to be clear, even if the victim does not report the rape soon after, a medical examination must not be discounted out of hand. Lingering injuries need to be noted, for example.

The officer also has not mentioned the importance of establishing whether a victim needs medical assistance or not. This officer is correct that the case can be opened at any time, but the statement needs to be taken as soon as the victim has recovered or is able to make a statement. The details contained in the statement are often crucial to whether this case has a chance in court or not, and over time a survivor might forget or not remember certain details.

The police officer has not mentioned that rape victims have a right to post-exposure prophylaxis (PEP) in order to prevent the transmission of HIV. Victims must start a course of PEP ideally within 48 hours of their rape, but no longer than 72 hours after their rape. PEP is not effective after 72 hours. Victimsdo not have to open a case of rape to get access to PEP. The police officer must refer a victim to a hospital designated with PEP. (Most, if not all, state hospitals.)

The officer hasn’t mentioned the Family Violence, Child Protection and Sexual Offences unit (FCS).

Claremont Police Station – Constable Nkosana

[Note: Before we met with Constable Nkosana, we spoke to a Constable at the front desk (name refused to be provided). We initially set out to ask him these two questions. After being asked to define rape, he called out to another Constable sitting at the front desk to bring him a brochure, in order for him to read out the definition to us. We told him that we wanted his response and not one from a printed sheet. At this point he called his superior to answer these questions.]

What is rape ?

Rape? Okay. First of all I can say it is a penetration without your consent between the two parties. It’s either your boyfriend but if you don’t agree it’s rape.

What is the procedure?

If you want to open a case you must go to the doctor for, um evidence, the doctor is very important, because if you go to court sometimes you lose because you don’t have evidence. The best way is to go to the doctor first. The doctor will examine you and say if you were raped or not then you come here (police station) and we open up the case.

Michelle responds:

Non-consensual sex between intimates partners is rape. This is not debatable. This officer also doesn’t clarify what penetration is or refers to, or when people can’t give consent.

This officer is re-directing responsibility for the rape case to the hospital. The issue here is that this officer would send and already traumatised victim from pillar to post. If the victim goes to the police station first, theymust help the victim. It would be grossly irresponsible to send a victim away and tell them to come back later after they have been to the hospital. The police officer must make the appointment with the medical examiner and take the victim to the examiner, not send the victim away. This is also a serious procedural issue. According to the National Policy Guidelines “It is the investigating officer’s role, during and after the medical examination, to ensure that: correct samples are taken, samples are clearly marked, that samples to be transported are stored correctly, and that the victim is not unnecessarily embarrassed or stressed by the examination”. This police officer is of the view that the police can simply cede their responsibility to assist victims. Again, no mention of the FSC unit and no mention of PEP.

Wynberg Police Station – Constables Abrahams and Jones

[Note: We first encountered Constable Feni at the front desk and posed these two questions to him. However Constable Feni refused to be recorded and passed the questions on to Constable Abrahams. Constable Abrahams answered our questions, then volunteered Constable Jones to clarify and elaborate.]

Constable Abrahams:

What is rape?

You get different types of rape, for example you get consensual rape. Sho! How can I put this? You get child rape as well. If I can put it in a nutshell, having sex with someone without their consent.

What is the procedure?

We have got a certain unit, child violence, FSC. You come to the station, they arrange counselling for you and take you through the procedure. After that I don’t know what happens. They probably start the investigation. But they get all the necessary help and all the necessary resources in order to deal with that. For instance if it is a female being raped a female interviewer will interview her.

Michelle responds:

I asked around about this “consensual rape” thing, and apparently it’s from some draft version of the SOA when it was still a bill. The Act has been in effect since 2008. In other words, it’s a term long retired. The fact that this officer is still using it is worrying, and an indication that it has been several years since he was last trained with regards to the national guidelines on sexual offences.

He limits rape to “having sex with someone without their consent”. The definition of rape does not only include sexual penetration, but also oral sex and anal or vaginal penetration with any other object. He has referred this investigation to the FSC, and doesn’t appear to know what to do with the case after that. Worrying, but he has shifted responsibility to the unit now responsible for investigating sexual offences. No mention of PEP.

Constable Jones:

What is rape?

It’s difficult now because I am thinking a little bit broader than human beings. When any object or person penetrates another person, previously they said that there was no such thing as rape of a male. It goes wide neh. It is not only specifically an object but if that person had penetrated that person with another genitalia, even if you pressed a finger, even if you moved  opened a specific part of that persons genitalia, that is a rape. If somebody only touched you on your genitalia that would constitute sexual violation. The difference between the two is penetration. Penetration is the main word you have to look out for.

Michelle responds:

This officer is fantastic. Gold star for him. This officer does not explain when a person cannot give consent, but does explain how broad the definition of penetration is and how this differs from other kinds of sexual violation. When this officer says previously “there was no such thing as male rape”, he is right. Before the SOA was implemented, male rape was considered only ‘indecent assault’.

What is the procedure?

Depending on the person itself, male or female, if it was a female another female would address that female. They will organise a trauma counselor for you and get a female to come and sit with you but not in the charge office itself. We have a victims support room or centre. We take the complainant to that specific room to find out what happened, depending on what had happened there are two different types of kits one for penetration and the other for sexual violation. They would hand over the kit and explain it to you, then they will take you to a district surgeon and bring back the evidence of that as well for the prosecution. You will be handled with the utmost care and we make sure there is enough victim support.

If you do want the laws based on that you can just come back and we can print out a copy for you.

Michelle responds:

This officer is absolutely fantastic. This is the kind of officer anyone should hope to get if they are sexually assaulted. This officer is aware of how important it is to treat the victim with sensitivity, and follows several of the key guidelines with regards to victim support. I am also impressed that the officer afforded to find and print out the relevant legislation for you, which is an empowering move for citizens. No mention of PEP.

What if you, or your family member walked into a station at 03h00, having been attacked, and the officer in charge wasn’t absolutely crystal clear about what rape was, or what the procedure should be? Would you feel confident that justice would be served? In a country where almost one third of our women are raped, and a high proportion of our children, and some of our men are raped, how is it at all acceptable that officers are not totally clear on the definition of rape, and the procedure for reporting rape?