Key Issues for Political Advocacy in Sexual and reproductive Rights in Africa.
Statistics 4 rape
1. Statistics
[edit] Prevalence
According to the report by the United Nations Office on Crimes and Drugs for the period 1998–
2000, South Africa was ranked first for rapes per capita.[2] In 1998, one in three of the 4,000
women questioned in Johannesburg was raped, according to Community Information,
Empowerment and Transparency (CIET) Africa.[3] While women's groups in South Africa
estimate that a woman is raped every 26 seconds, the South African police estimates that a
woman is raped every 36 seconds.[4]
More than 25% of a sample of 1,738 South African men from the KwaZulu-Natal and Eastern
Cape Provinces admitted to raping someone when anonymously questioned; of these, nearly half
said they had raped more than one person, according to a non-peer reviewed policy brief issued
by the Medical Research Council (MRC).[5] Several news publications wrongly extrapolated
these results to the rest of the South African population, given reported rape prevalence several
times higher in the two provinces in question than i.e. in Mpumalanga or Northern Province.[6][7]
Nearly three out of four men who admitted rape stated they had first forced a woman or girl into
sex before the age of 20, and nearly one in ten admitted doing so before the age of 10.[5] A
survey from the comprehensive study "Rape in South Africa" from 2000 indicated that 2,1% of
women aged 16 years or more across population groups reported that they had been sexually
abused at least once between the beginning of 1993 and March 1998, results which seem to stark
conflict the MRC survey results. Similarly "The South African demographic and health survey of
1998" gave results of rape prevalence at 4,0% all women aged between 15 and 49 years in the
sampled households (a survey also performed by the Medical Research Council and Department
of Health).[8] So far no attempts have been made to address these large statistical disparities.
A number of institutions report that the extent of sexual violence in South Africa is a result of the
Apartheid. They argue that the state-sponsored violence and subsequent community reaction
created an atmosphere where physical violence is seen as the first answer to resolving conflict
and achieving self-gain.[9] Whether or not this is true is hard to prove; however, it is an idea that
has been proliferated through institutional studies and beliefs held by the public.[9][10]
[edit] Report and conviction rates
It is estimated that over 40% of South African women will be raped in their lifetime and that
only 1 in 9 rapes are reported.[11] It is also estimated that 14% of perpetrators of rape are
convicted in South Africa.[12] In 1997, violence against women was added as one of the priority
crimes under the National Crime Prevention Strategy; nevertheless, the rates of reported rape,
sexual abuse of children and domestic violence continue to rise.[10]
The South African report to CEDAW partly attributes the low report and conviction rate to the
post-apartheid public perception of the police force. Moreover, the report states that the attitudes
and prejudices of law enforcement agencies and other government personnel and the
inaccessibility of services, particularly in rural areas, are also part of the problem.[10] Much of the
2. South African public regard the police as symbols of the oppressors during the apartheid; thus,
poor faith in the police is still instituted in the post-apartheid country.[13]
Other institutional barriers contribute to lack of report and conviction rates. The "cautionary
rule" is a law that requires that a judge must show awareness to special dangers on relying on
uncorroborated evidence of a complainant, lowering this rate and making victims of sexual
violence feel as if the court will deem them untrustworthy.[10] According to a survey that
questioned rape victims who did not report the crime to the police, 33.3% of victims cited they
feared reprisals, 9.6% cited that they felt the police would not be able to solve the crime, and
9.2% cited embarrassment as their reasons for not reporting the crime.[14]
[edit] Regional differences
Provinces of South Africa
There are deviations in sexual violence rates in different provinces of South Africa.
In a study[14] of three South African provinces (Eastern Cape, Mpumalanga, and Northern
Province/Limpopo) in 1997, 6.8% of women surveyed in Mpumalanga said they had been raped
during their lifetime, 5.0% of women surveyed in Northern Province had been raped, and 4.5%
of women in Eastern Cape had been raped. In 1998, the region of Gauteng accounted for the
largest percentage of prisoners in custody for sexual offences with 20.6% and Western Cape had
the second largest percentage with 17.3%. The province with the least percentage of prisoners
convicted of sexual offences was Northern Cape with 3.8% and Northern Province with 2.6%.
The South African Crime Survey 2003[15] highlights the regional differences of citizens'
perceptions and fears. Surveying what type of crime respondents thought occurred most in their
area of residence, 14.6% of Northern Cape respondents reported that they believed rape to be the
most prevalent type of crime. While the Northern Cape had the largest percentage of respondents
3. who believed rape to be most prevalent, the province of KwaZulu-Natal had the least with 1.7%.
Averaging all provinces, rape ranked 7th in the crime that respondents thought was most
prevalent, after housebreaking, property theft, robbery, murder, livestock theft, and assault. This
survey also investigated what type of crime respondents feared most in their area. Rape ranked
third in this category after only murder and housebreaking. 40.8% of respondents in the Northern
Cape and 31.8% of respondents in Free State feared rape the most. On the other side of the
spectrum, 11.6% of KawZulu-Natal and 12.1% of respondents in Mpumalanga stated rape as the
crime they were most afraid of in their area.
[edit] Types
There are several different forms of sexual violence, including, but not limited to: rape or sexual
assault, child sexual assault and incest, intimate partner sexual assault, unwanted sexual
contact/touching, sexual harassment, sexual exploitation, revealing one’s genitals to another
without consent, public masturbation, and voyeurism.[1] There are several types of sexual
violence cases in South Africa that have specifically garnered a significant amount of
international attention:
[edit] Rape of women
South Africa has the highest reported incident of rape in the world.[16] While men are also
subjected to sexual violence and 3.5% of men have been forced to have sex with other men, the
majority of sexual violence is against women.[17] The South African government reports that one
of these reasons is the culture of patriarchy in South Africa. Its report states that patriarchy is
firmly rooted in the country and fighting it is seen as attempting to destroy African tradition or
African ideals.[10] The danger from rape and sexual assault is compounded because of the
prevalence of HIV/AIDS in South African townships. A woman being raped over the age of 25
has a one in four chance that her attacker is HIV positive and more women than men are affected
from HIV/AIDS.[10][18] The perpetrators of rape in South Africa tend to be men known to the
victim.[14] It is reported that a husband or boyfriend kills a woman every six hours in South
Africa.[19] Many men and women say that rape cannot occur in relationships; however, one in
four women reported having been abused by an intimate partner.[9]
[edit] Baby rape and sexual violence against minors
See also: Virgin cleansing myth
South Africa has some of the highest incidences of child and baby rape in the world.[20] In 2001,
it was reported by the South African Police Service that children are the victims of 41 percent of
all rapes reported in the country.[21] Although there are varying numbers on the amount of
reported rapes of children, one report states that in 2000, 21,538 rapes and attempted rapes of
children under the age of 18 were reported and another from 2001 states that there were 24,892
rapes.[21][22] A trade union report said a child was being raped in South Africa every three
minutes.[23] Some cite a 400% increase in sexual violence against children in the decade
preceding 2002.[24] A third of the cases are committed by a family member or close relative.[25]
4. Child welfare groups believe that the number of unreported incidents could be up to 10 times that
number. The largest increase in attacks was against children under seven.
A number of high-profile baby rapes appeared since 2001 (including the fact that they required
extensive reconstructive surgery to rebuild urinary, genital, abdominal, or tracheal systems). In
October 2001, a 9-month-old named Tshepang was raped by an HIV-positive man and had to
undergo surgery in Cape Town.[26] In 2001, another 9-month-old infant was reportedly gang
raped by six men, aged between 24 and 66. The infant required extensive reconstructive surgery
in Kimberley, Northern Cape.[27] In February 2002, an 8-month-old infant was reportedly gang
raped by four men. One has been charged. The infant has required extensive reconstructive
surgery. The 8-month-old infant's injuries were so extensive, increased attention on prosecution
has occurred.[24]
A significant contributing factor for the escalation in child abuse is the widespread myth in HIV
ravaged South Africa that having sex with a virgin will cure a man of AIDS.[28] This virgin
cleansing myth exists in Zambia, Zimbabwe and Nigeria.[29] The child abusers are often relatives
of their victims and are at times their fathers or providers.[28]
Sexual violence against minors older than the age of infancy is also extremely prevalent in South
Africa. According to the Medical Research Council,[30] more than one in four minors experience
physical violence at home daily or weekly and more than one third of girls have experienced
sexual violence before the age of 18. Its study also states that by 2009, 40% of all victims who
reported rape to the police were under 18 and 15% were under 12 years old.
Another issue with sexual violence against minors in South Africa is the sexual abuse and
harassment that is reported to occur in schools by teachers and other students. According to the
Human Rights Watch,[31] girls from all levels of society and ethnic groups have been subjected to
sexual violence at school in bathrooms, empty classrooms, dormitories, and more. Police,
prosecutors, and social workers have also complained that many incidents of sexual violence in
schools are not reported to them because schools often prefer to deal with it internally, thus
hindering justice against the perpetrators. The danger of sexual violence in schools has created a
barrier for girls to seek education. HRW also reported that South African girls’ school
performance suffers after an incident of sexual violence.
[edit] Corrective rape
Main article: Corrective rape
Lesbians in certain parts of South Africa also face a dangerous environment. Raping lesbians (a
practice referred to as corrective rape) is believed to convert them to heterosexuality.[32] The
South African government reported to CEDAW that lesbians and gays are discriminated against
in many spheres.[10] The government has been accused of condoning the practice for fear of not
appearing "macho."[33] One notable case of this was the gang-rape and murder of Eudy Simelane,
a member of the South African football team and LGBT-rights activist.[33] 31 lesbians have died
from these attacks in the last 10 years and more than 10 lesbians per week are raped or gang-
raped in Cape Town alone.[34]
5. [edit] Law
The government of the Republic of South Africa is cognizant of this problem. The Bill of Rights
in the Constitution of South Africa sets to ensure rights of all of the people in South Africa with
the democratic values of human dignity, equality and freedom.[35] Furthermore, it calls for the
right to freedom and security, including freedom from all forms of violence by either public or
private sources and the right to bodily and psychological integrity, including reproduction and
bodily security.[35] South Africa is also a member of the UN Convention for the Elimination of
all Discrimination Against Women, where it reported on some issues of sexual violence. It
reported about how the Truth and Reconciliation Commission offered a platform for the voices
of victims of violence and sexual violence during the Apartheid. It also reported details on the
Judicial Authority of South Africa, where the lower courts are responsible for important issues
such as sexual assault and family violence.[10]
The Parliament of South Africa has enacted the Criminal Law (Sexual Offences and Related
Matters) Amendment Act, 2007, which has been in effect since 16 December 2007. The
comprehensive act looks to review and amend all laws dealing with sexual offences and
strengthening them. The preamble of the amendment calls to scrutinize the problem in South
Africa, noting that the problem "is reflective of deep-seated, systemic dysfunctionality in our
society". The amendment defines sexual violence as including, but not limited to, the following
forms:[36]
rape and compelled rape
sexual assault
compelled assault and compelled self-sexual assault
forced witness of sexual body parts
child pornography
incest
bestiality
acts of necrophilia
It also adds measures in the matters of sexual offences against children (including consensual
sexual acts), sexual exploitation, exposure to pornography, forced witness of sexual acts, and
sexual offences against mentally disabled. Furthermore, the amendment provides services for
victims of sexual offences and compulsory HIV testing of alleged sex offenders and creates a
national registry for sex offenders.[36] The Department of Justice also conducted a major national
Campaign on Prevention of Violence Against Women, launched on 25 November 1996, as an
education campaign.[10]
[edit] Societal attitudes
The Medical Research Council states, "Many forms of sexual violence, particularly sexual
harassment and forms of sexual coercion that do not involve physical force are widely viewed as
normal male behaviour."[30] It also said practices such as gang rape were common because they
were considered a form of male bonding.[30]
6. Among children, a survey by CIET found 60% of both boys and girls, aged 10 to 19 years old,
thought it was not violent to force sex upon someone they knew, while around 11% of boys and
4% of girls admitted to forcing someone else to have sex with them.[20] The study also found that
12.7% of the students believed in the virgin cleansing myth.[37]
In a related survey conducted among 1,500 school children in the Johannesburg township of
Soweto, a quarter of all the boys interviewed said that 'jackrolling', a term for gang rape, was
fun.[3] Furthermore, more than half the interviewees insisted that when a girl says no to sex she
really means yes.[3] It is also noteworthy that those in this study were school children as age is
significantly associated with rape. Men from ages 20–40 are more likely to have raped than
younger or older men.[9]
Market Research Africa, a Johannesburg-based market research agency, reported in 1994 that
76% of men felt that women had a right to say no to sex, one third thought that women could not
decide for themselves on abortion, and 10% condoned a man beating a woman or his wife.[10]
[edit] Media portrayal
This problem is portrayed in the media to the public through different avenues. Media reports
documenting high levels of sexual violence in South Africa have increased in the media since the
1990s.[38]
While some believe that the international community has expressed outrage over these incidents,
former Republic of South Africa military intelligence officer Koos Ven der Merwe has said that
the incident of child-rape "has been largely ignored by the mainstream media in the United States
and the Western world, in order to perpetuate the Mandela myth of the wonderful New South
Africa".[21] Others have condemned South African sexual violence in the media as fitting into a
specific narrative of only broadcasting incidents where the victims are white, middle-class and
educated and are not attacked by their peers or family members.[39]
[edit] News and events
However, there are many news stories and events dealing with sexual violence in South Africa
that have garnered a lot of international attention.
The current president of South Africa, Jacob Zuma, was accused of raping the HIV-positive 31-
year-old daughter of a family friend in November 2005 before he was president. He was found
innocent by the court in 2006, yet he did admit to consensual unprotected sex with the woman.[40]
This event was widely covered by the press.
One particularly well-known publication of rape in South Africa was Charlene Leonora Smith’s
report of her own rape. As a journalist of the Mail and Guardian and having contributed to
articles for the Washington Post and BBC, Smith has claimed that ‘rape is endemic’ in the
culture of South Africa.[38]
7. Another scandal of sexual violence in South Africa involved the media tycoon Oprah Winfrey's,
school, Oprah Winfrey Leadership Academy for Girls, in Johannesburg, South Africa. The
dormitory matron, Tiny Virginia Makopo, was charged with 13 separate counts of abuse against
students at the school.[20]
A particularly controversial issue was an episode of Big Brother in South Africa where Richard
Bezuidenhout, a 24-year-old film student, allegedly assaulted his housemate, Ofunneka
Molokwu, a 29-year-old medical assistant.[41] While many watchers disagree on what was
actually shown, some saw Bezuidenhout manually penetrating Molokwu while she was
unconscious or intoxicated while another housemate pleaded him to stop.[41] After the contested
un-consensual act ceased, the producers intervened, sending paramedics into the house and
cutting the live feed.[41] News publications and blogs have widely discussed this controversy.
Another contentious issue was when the only black player in the South African cricket team,
Makhaya Ntini, was convicted of the rape of a 22-year old student.[42] This was particularly
controversial as Ntini was the first black (as opposed to mixed race or white) cricketer to
represent South Africa on an international level and was viewed as a role model.[43] However,
Ntini won his appeal against his rape conviction and had his six-year jail sentence overturned.[43]
In contrast to these scandals of sexual violence, action against sexual violence in South Africa
has also been featured in the news and media. A protest against sexual violence that was
portrayed in the media occurred in 2012, when the African National Congress Women's League
called on hundreds of South Africans to engage in a "mini-skirt march" to protest the attack of
two women in Johannesburg for wearing short skirts.[44] In response to corrective rape, the New
York Festivals Television and Film Awards Gala at the NAB Show in Las Vegas will award
ESPN for their E:60 production, "Corrective Rape," with the Gold Award.[45] This award was
established in 1990 to films that reflected the ideals of the United Nations and signifies that the
issue of corrective rape is becoming more discussed on an international level.
[edit] Literature and fiction
Some novels and movies have also delved into this issue in its connection to the Apartheid.
Antjie Krog’s Country of My Skull delves into the Truth and Reconciliatory Commission and the
reports of women that were victims of sexual violence during the Apartheid.[46] J.M. Coetzee’s
novel, Disgrace, has been accused of racism as it depicts a young white woman being raped by
three black men in her house in the Eastern Cape of South Africa.[38] The book, The Writing
Circle, by Rozena Maart, depicts a group of young women's experiences with rape and other
forms of violence living in Cape Town, South Africa.[47] The 2006 documentary, Rape for Who I
Am, delves into the lives of black lesbians living in South Africa.[48]