PRESS RELEASE ON BEHALF OF 1000 WOMEN TRUST: 22ND APRIL 2022
FOR IMMEDIATE RELEASE
Klawer-woman accused of assault by alleged rapist, assailant as alarmed activists warn against litigation abuse
A woman from Klawer who was allegedly raped and later attacked with a panga at her home by the rapist and two associates, recently spent a few hours behind bars in Klawer because the alleged assailant laid a counter-claim accusing her of assault during the panga-incident.
The woman will appear in court in Klawer on Tuesday 26 th April 2022.
NGO’s in the forefront of the fight against gender-based violence and activists have expressed outrage at what they deem to be an alleged case of “litigation abuse” by a perpetrator in order to keep power and control over the survivor of abuse by misusing a court system against the victim.
The 32-year woman was allegedly raped in Klawer on 31 st January 2022.
After she reported the crime to the police, and lodged a complaint, the alleged rapist and a friend subsequently attacked her and her boyfriend. According to her father, she suffered bruises and was slapped through the face, while the attacker shouted at her: “I am going to kill you.”
Her boyfriend suffered cuts and bruises while intervening to protect her. A neighbour who heard the woman’s screams for help, alerted the police. The alleged assailants fled the scene.
According to the father of the rape survivor, the perpetrators followed the woman and her boyfriend on at least three other occasions, armed with a panga and a knife, and threatened them.
On each of these occasions, the father alerted the police. They were unable to secure the arrest of the assailants. They succeeded in arresting the men a few weeks ago.
The alleged harassment of the survivor of gender-based violence occurred at her own home, at her father’s home and at the home of a friend.
More than a month elapsed between the alleged crimes of rape, assault and harassment, and the arrest of the alleged rapist.
While in prison, the alleged rapist filed a charge of assault against the woman. According to his claim, he was assaulted when he and a friend confronted the woman and her boyfriend (the so-called Panga-incident).
The survivor or rape was arrested. It was despite expressing her innocence and assuring the police that she was terrified of the assailants with the panga and that she never even lifted a hand against one of them.
Through the Women’s Legal Centre and Legal Aid, bail of R500 was paid to secure her release.
Her boyfriend, who was also charged with assault, is still behind bars.
Warrant officer Charles Willemse, an investigative officer in the case against the women, said the man accused of raping her, claimed that she assaulted him.
He decided to proceed with the case against the woman after listening to the evidence of the man laying the charges, and the woman. He subsequently decided that there was a prima facie case against her, said warrant officer Willemse.
The woman will appear in the court in Klawer on 26 th April on the assault-charge.
Tina Thiart, director of the NGO 1000 Women Trust, said activists are up in arms about this case, which is an example of “litigation abuse”.
She said that in the last few months there have been many instances of litigation abuse. “If you just follow the stories of women survivors on social media you will see all the instances where perpetrators use the law to abuse women. Fathers do not want to pay maintenance and use the courts to victimize women,
“We have seen the police being quick to open cases of abuse by women reported by rape accused and by perpetrators.. We need to raise awareness and we need to challenge this pattern. According to international studies only 2% of men have been accused wrongfully by women. No woman is prepared to go through the ordeal of reporting for revenge, but men use the legal system to get women to drop a court case or withdraw a report,” Thiart said.
Abusive litigation can come up in several types of cases, including in protection orders, unnecessary lawsuits and family law, she added.
She said the police pay too much lip-service in assisting women who suffer gender-based violence, but the anecdotal evidence of women being turned away by police officers or simply ignored or slighted, are overwhelming.
Recently, the convenor of a #HearMeToo-session in the Railton-suburb of Swellendam (facilitated by 1000 Women Trust), heard that one woman reported gender-based violence to the local police station on 168 different occasions over many years as she had suffered physically and emotionally at the hands of an abusive husband.
“I went away from the police station empty handed and the loser on each occasion,” the abused woman told the #HearMeToo-convenor.
Wendy Pekeur, founder of the Ubuntu Rural Women, said: “There are many cases where women do not get help from the Police.” She said the police are often insensitive, or turn women away while telling them to sober up or cool down.
Press release compiled by Fanie Heyns on behalf of 1000 Women Trust. For more information, contact Tina Thiart on 0732079079.
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The 1000 Women Trust
Registered Trust South Africa (IT738/2014)
NPO REGISTRATION NO: 163-132 NPO
PBO NO: 930 051 359
© Copyright 2023| All Rights Reserved. Designed by Ludet Digital for The 1000 Women Trust