Delft-police violated human rights of rape victim by turning person away, demanding a witness, warns experts
Care-givers and NGOs leading the fight against gender-based violence in the Western Cape are appalled at what they call repeated critical failures by police-officers after a police officer at the Delft Police station’s community service centre turned away a rape victim on Tuesday 7th May and demanded that the survivo brings a witness before a case can be opened.
Dr Genine Josias, medical coordinator at the Thuthuzela Clinical Forensic Centre at the Karl Bremer Hospital, said on Facebook that a person reported the rape at the police station in Delft, a GBV-hotspot in the Western Cape, on Tuesday afternoon, 7th May. The police officer questioned why the victim waited so long to open a case and then told the survivor to bring a witness before the case can be opened.
Apparently, the witness walked in on the crime but was not available to accompany the survivor to the police station, so the victim and the witness returned to Delft police station the following morning, Wednesday 8th May, Dr Josias said.
She said this wrong actions by the police is not an isolated incident, but happens repeatedly and affects rape-survivors as some of the traumatized victims might decide not to return the next day.
“The police must open the case immediately and should not be asking rape survivors for witnesses. They also should not question why they waited 48 hours as many victims suffer severe trauma and don’t report it immediately.” she said.
She said the action by the police-officer is not an isolated incident, but this is a serial offense as it happens again and again.
“This is not the first time that police wrongly turn rape survivors away. We report it via email to the police via email as requested by management, but they repeat this,” Josias said.
“There is no political will,” she said on Facebook. “There are no consequences. There are no checks and balances. The police officer is not even identifiable. Where are the cameras in the charge offices of the police stations or so-called community service centres,”she asked.
Tina Thiart, executive trustee of 1000 Women Trust, women-led organization that have been fighting gender-based violence the past 21 years, said: “We at 1000 Women Trust are appalled at the behaviour of the police. We urge women who experience bad service at the police station to report it to us and to the IPID on its hotline number of 0800 111969. It is due to the action of police officers like the one in Delft that the conviction rate of sexual offenses is so low.
Thiart said when 1000 Women Trust facilitated #HearMeToo-groups the past three years where women all over the country shared their experiences about GBV in groups of 30. “The common theme at these sessions were that women often experienced animosity at police stations, and cases were not opened against perpetrators of GBV. Despite the fact that three new GBV-laws were promulgated in 2022, we have not turned the tide against gender-based violence because we lose the battle at ground level – due to the attitudes of the male offenders, and the lack of empathetic assistance and pro-active help at police stations,” she said.
More than 42000 South African women were raped in the previous year and 15284 women were sexually assaulted from 1st September to 31st December 2023. According to the Women’s Legal Centre, the conviction rate of sexual assaults in South Africa is between 5 and 6 %.
“As health workers, we have a 72-hour deadline in which to give HIV prevention medication to rape victims,” said Dr Josias. “Due to the victim being turned away at Delft Police Station, the client missed the 72 hour deadline, which expired on Tuesday evening. This police officer violated the human rights of this victim in more ways than one. In fact, this victim can sue the SAPS for failing to assist timeously. The investigation officer of the FCS unit was not informed that a victim reported a rape at Delft police station on Tuesday afternoon. If the officers of the family violence, child protection sexual offenses unit or FCS received HIV prevention medication, the hiv status of the rapist is unknown, so all victims of rape must be encouraged to access medical services as soon as possible after a rape. At the Thuthuzela centre, containment counselling, prevention of STIs as well as emergency contraception in certain instances are provided. Victims are also provided with the option to take a shower and a comfort pack with toiletries are provided . Social workers are also called in if the victim is not safe to return home. Services at the Thuthuzela centres are free.
Dr Josias said the investigating officers of the family violence, child protection sexual offenses unit (or FCS) are not paid overtime on public holidays and weekends yet the police management expect them to work overtime and act by which the police fails the victims of gender-based violence in South Africa.
In every charge office of all police stations, there should be large posters, advising victims of sexual offenses to go directly to a Thuthuzela centre or the nearest health facility, especially if the police office turns people away. The contact number and address of the nearest Thuthuzela centre of health facility should be displayed on these posters, said Dr Josias.
Caroline Peters, director of the Dallas-foundation fighting GBV, said on Facebook: “All police officers at stations should receive training on handling situation when people report GBV.”
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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