Presentation by the South African Police Service to the Public Hearings on the Sexual Abuse of Children
11 March 2002
Content
Introduction
Programmes to address rape: Prevention, investigation, victim support
Building capacity and budgeting for improved service delivery in regard to rape and sexual offences
Internal programmes: Sexual harassment, empowerment of women, employee assistance
Implementation of the Domestic Violence Act
Introduction
The work of the SAPS in regard to rape and sexual offences includes aspects of prevention, reaction or response in terms of the criminal justice system and support to victims and witnesses. The programmes have both an external focus and an internal focus.
Prevention – SAPS activities focus on the prevention or reduction of crimes, through community and sector policing, situational crime prevention and policing the factors (like firearms, drugs and alcohol) that contribute to crime and violence. This area of work forms part of the SAPS Crime Combating plan and is informed by the geographical approach to crime combating.
Response and Investigation – The SAPS reaction to crimes like rape and sexual offences includes investigation and gathering evidence for use in prosecution. The work of the units and specially trained detectives that focus on rape, and the forensic analysis capacity of the SAPS are some of the important aspects in this regard.
Support – Programmes in the SAPS to improve services to victims and support victims through the criminal justice process, as well as community based programmes that involve volunteers in practical victim support are included in this section. The importance of victims as witnesses in the criminal justice process and the need to adopt a victim-centered approach are crucial objectives of the programme.
Integrated action: The input from the SAPS includes reports and plans that form part of interdepartmental programmes including the Anti-rape strategy, Domestic Violence Programme, Victim Empowerment programme, Child Abuse and Neglect programme and Child Justice Programme and Women Empowerment programme.
Management processes are in place for each programme to ensure that work is done is an integrated and inclusive manner
SAPS presentation will focus on only the SAPS contribution and action to these inter-departmental programmes.
Our input also forms part of the integrated action plans for the JCPS and Social Clusters.
Focus on rape and sexual offences
The SAPS is represented on the Inter-departmental management team for rape and sexual offences (IDMT) lead by the Special Director for Sexual Offences and Community Affairs in the National Prosecuting Authority.
The IDMT has developed an information-based approach to develop a strategy to address rape and sexual offences. The action plan developed in terms of the strategy development process focuses on prevention, reaction by the Criminal Justice System and Support to Victims and Witnesses. The matrix for action by all Departments and stakeholders is included below. The SAPS contribution to action plans developed in terms of this matrix for action will be detailed in this presentation.
Prevention
Policy and Legislation:
National Crime Prevention Strategy of 1996 and White Paper for Safety and Security.
Programmes
An important role of SAPS is to use information about crime in particular local crime trend analysis to also inform actions of other stakeholders for example local government and public transport providers. This is done at local level. Stations must also use crime trend analysis to inform their prevention and crime combating operations and is working with communities as part of community and sector policing programmes.
Stations also implement many crime prevention projects with CPF’s, other community organizations, NGO’s and other departments to target crimes like rape and sexual offences. Many of these programmes focus on public education and mobilizing communities to report crimes and fulfill their responsibilities as witnesses to crime.
During 2001, 20 stations were prioritized for crime prevention projects to address crimes against women and children, including rape, sexual offences, child abuse, and domestic violence. Although specific to each station area there were some common elements to these programmes like the need to address alcohol abuse as a contributing factor to violent crimes against women and children, the need to teach life skills and conflict resolution, and initiatives to provide recreational and cultural activities for children and youth that build positive values. Most programmes involve other stakeholders but SAPS stations play a significant role in mobilizing these local partnerships.
For 2002, 128 stations have been identified where 50% of rapes in SA are reported. Specific programmes to address all aspects of these crimes must be implemented in these areas. The need to mobilize other partners from all government departments and civil society will be essential.
Reaction
Policy and Legislation
The following policy documents are in place in regard to the investigation of rape and sexual offences: National Instruction 22/1998: Sexual offences: support to victims and crucial aspects of the investigations
sensitive service to victims
investigation process
initial actions of police officials after receipt of a report
statement taking
actions at a crime scene
Family Violence, Child Protection and Sexual Offences Unit (FCS) Policy document:
investigation mandate (crimes)
command and control
human resource matters (recruitment, placement, transfer, training, functions)
logistical and financial matters
SAPS members are participating, by providing input and comments in regard to the following legislative processes:
Sexual Offences Bill (SA Law Commission Project 107)
Child Care Act, 1983 (SA Law Commission Project 110)
Proposed Amendment to the Films and Publications Act, 1996
Child Justice Bill, 2001
Multi-disciplinary approach to Crimes Against children
A Multi-disciplinary approach is of the utmost importance.
SAPS one of many role players (government departments, non-governmental organizations and community based organizations)
Examples (main objectives: cooperation and prevention)
External involvement of Family Violence, Child Protection and Sexual Offences Unit (FCS)
2 102 multi-disciplinary liaison meetings during 2001
1 296 lectures/presentations to child and adult audiences during 2001
Internal involvement of Family Violence, Child Protection and Sexual Offences Unit (FCS)
Sensitization programs for SAPS members, focusing and NI 22/1998
Lectures (station level)
POLTV
Examples of commitment/committees/forums (crimes against children)
International
Interpol Specialist Group on Crimes against Children
Interpol Specialist Group on Trafficking in Children and Women
National
National Plan of Action for Children Steering Committee
National Child Abuse and Neglect Committee
Various ad hoc committees/task teams
Provincial and local
Child Abuse and Neglect Protocols
Various ad hoc committees/task teams
Training
Basic Detective Course
6 weeks
Decentralized training
Target group: detectives
Sexual Offences Investigation’s Course
2 weeks
Decentralized training
Target group: all SAPS members
Family Violence, Child Protection and Sexual Offences Unit (FCS) Investigator’s Course
3 weeks (5 courses annually; 24-35 members)
Specialized training
National training
Target group: FCS members
Specialized individuals (investigators)
Captain Crime Stop
Adopt-a-Cop
Unit Commanders: Family Violence, Child Protection and Sexual Offences Unit (FCS)
1 week (1 working conference annually)
Discussion of current affairs (crime trends, investigation methods and procedures, legislation, management, etc)
Target group: FCS Unit Commanders
Provincial FCS coordinators
Sign language (new initiative): 1 week (5 -8 courses annually; 35 members)
Specialized training
National training
Target group: FCS members
Specialized individuals (investigators)
Captain Crime Stop
Adopt-a-Cop
Workshops, conferences, seminars
Local, provincial, national and international
Capacity of the Family Violence, Child Protection and Sexual Offences (FCS) Units
The letter from the Chairperson of the Task Group on the Sexual Abuse of Children specifically requested that resourcing and training of Child Protection Units should be addressed. It is, however important to note that specialized capacity to investigate sexual abuse of children is also located in FCS units and that eventually all CPU’s will be transformed into FCS units.
Number and location of specialized units (FCS - 13; CPU - 32; = 35 units)
Eastern Cape
East London Child Protection Unit
Port Elizabeth Child Protection Unit
Queenstown Family Violence, Child Protection and Sexual Offences Unit
Umtata Family Violence, Child Protection and Sexual Offences Unit
Free State
Bloemfontein Family Violence, Child Protection and Sexual Offences Unit
Phuthaditjaba Child Protection Unit
Gauteng
Benoni Family Violence, Child Protection and Sexual Offences Unit
Braamfontein Family Violence, Child Protection and Sexual Offences Unit
Carletonville Family Violence, Child Protection and Sexual Offences Unit
Germiston Child Protection Unit
Kathorus Child Protection Unit
Krugersdorp Family Violence, Child Protection and Sexual Offences Unit
Pretoria Family Violence, Child Protection and Sexual Offences Unit
Soshanguve Child Protection Unit
Soweto Child Protection Unit
Vereeniging Family Violence, Child Protection and Sexual Offences Unit
Kwazulu/Natal
Durban Child Protection Unit
Ladysmith Family Violence, Child Protection and Sexual Offences Unit
Pietermaritzburg Family Violence, Child Protection and Sexual Offences Unit
Port Shepstone Child Protection Unit
Richards Bay Child Protection Unit
Mpumalanga
Kwa-Mhlanga Child Protection Unit
Middleburg Child Protection Unit
Nelspruit Child Protection Unit
Secunda Child Protection Unit
Northern Cape
De Aar Family Violence, Child Protection and Sexual Offences Unit
Kimberley Child Protection Unit
Springbok Family Violence, Child Protection and Sexual Offences Unit
Upington Child Protection Unit
Northern Province
Louis Trichart Child Protection Unit
Pholokwane Child Protection Unit
Thohoyandou Child Protection Unit
Tzaneen Child Protection Unit
North West Province
Klerksdorp Child Protection Unit
Mabopane Child Protection Unit
Mmabatho Child Protection Unit
Mogwase Child Protection Unit
Mothibistad Child Protection Unit
Potchefstroom Child Protection Unit
Pudimoe Child Protection Unit
Rustenburg Child Protection Unit
Temba Child Protection Unit
Vryburg Child Protection Unit
Western Cape
Goodwood Child Protection Unit
Mitchells Plain Child Protection Unit
Specialized individuals (Located in Detective Units and in stations)
158 towns
Convictions and sentences
Cases dealt with by members of the Family Violence, Child Protection and Sexual Offences Unit (CPU included) resulted in the following convictions and sentences:
January to December |
2000 |
2001 |
|
Number of cases finalized in court (convictions) |
Crimes against CHILDREN |
1 551 |
2 112 |
Crimes against ADULTS |
369 |
378 |
|
Years imprisonment |
Crimes against CHILDREN |
9 848 |
14 812 |
Crimes against ADULTS |
2 703 |
2 784 |
|
Fines |
Crimes against CHILDREN |
R 404 440 |
R 439 675 |
Crimes against ADULTS |
R 61 300 |
R 106 040 |
|
Life imprisonment |
Crimes against CHILDREN |
60 |
97 |
Crimes against ADULTS |
1 |
6 |
|
Years correctional supervision |
Crimes against CHILDREN |
n/a |
74 |
Crimes against ADULTS |
n/a |
17 |
|
Declared as president’s patient |
Crimes against CHILDREN |
n/a |
10 |
Crimes against ADULTS |
n/a |
0 |
|
Compensation to be paid |
Crimes against CHILDREN |
n/a |
R 18 000 |
Crimes against ADULTS |
n/a |
0 |
Support
Sub-programmes |
2001/02 |
2002/03 |
|
Visible Policing |
6 703 601 |
7 400 120 |
|
FCS |
96 522 |
131 710 |
36% |
(Actual) (Indicative)
Internal programmes
Introduction
Sexism & Gender inequality
Human rights
Commitment of SAPS – elimination of unfair discrimination and uprooting of sexual harassment
Policies and Practices
Section 24(1)(g)
|
||||
|
|
|
|
|
Head Office |
3 |
1 |
2 |
-One victim did take action written |
Gauteng |
12 |
7 |
5 |
-Legal action against alleged |
Mpumalanga |
1 |
0 |
1 |
-Case withdrawn |
Western Cape |
8 |
4 |
4 |
-Transfer of alleged perpetrators |
Northern Province |
3 |
1 |
2 |
-Case withdrawn |
Northern Cape |
8 |
2 |
Not Known |
-Due to the fact that Social Workers renders support services to two cases that are still ongoing, it is not known what the outcome of the other |
Eastern Cape |
3 |
2 |
1 |
-Cases withdrawn by victims and |
North West |
1 |
Current |
- |
- |
Free State |
0 |
- |
- |
- |
Kwazulu-Natal |
4 |
2 |
2 |
-Alleged perpetrators were transferred |
Problems experienced
Guilt feeling of victim: does not go for support
Information on progress held from victim
Blackmailing, framing
Lack of knowledge /information on reporting of cases
Uncertainty
Discreditation of victim
Attitude of management
Transferal of victim – double trauma
Prolonged disciplinary process
Non-utilization of internal support services
Programmes and Measures
Counseling services: -
to address substance abuse, and domestic and marital problems, for members and their immediate family members
Trauma debriefing
Suicide prevention workshops
Compulsory counseling to be implemented.
Presentation of Pro-active programs including:
Colleague Sensitivity
Managing stress effectively
Financial Management (Be Money-wise)
Life Skills
Facilitation the development of ethical behaviour
Provision of spiritual empowerment programmes
Development and maintenance of physical fitness through sport
Awareness programmes
Suicide Prevention
HIV/AIDS Awareness and Prevention Program and development of support groups
Sexual Harassment
500 additional personnel members are to be employed in the EAP environment to increase our capacity for support programmes.
Other Priority programmes
Women Empowerment
Gender Structures
Allocation of R 3 million by SAPS Transformation Committee
Train-the-trainer program by Labour Relations Section
SAPS Structures that handle sexual offences:
EAP: Helping Professions
Equity Section
Disciplinary Section
Partnerships
Office on the Status of Women
Commission on Gender Equality
Government departments such as Health, Social
Development and Justice
Organized Labour Unions
Non-governmental organizations such as NICRO, WAWA (Women Against Women Abuse) and POWA (People Opposing Women Abuse)
Domestic Violence
Introduction:
The SAPS is one of the departments responsible for the implementation of the Domestic Violence Act of 1998. Programmes to support victims and deal with cases of Domestic Violence are extremely important as early intervention into the cycle of Violence that often starts at home. Domestic Violence incidents that are reported provides an opportunity to intervene in the following ways:
Arrest and protection (e.g. seizure of firearms) during incident
Discretion to arrest where there is imminent harm
Victim support and referral for further support and counseling
Response to a reported incident of domestic violence has far-reaching impact – not just on the case being reported.
Partnerships with other departments and stakeholders and community support are essential for the implementation of the Act and rendering services to victims. One example of this is the Directories of Services for Victims of Domestic Violence, produced 1999 by the Department of Social Development and available from Police Stations.
Domestic Violence incidents are dealt with at station level in all police stations, and not only by specialized units. Initiatives to improve the capacity of the SAPS at station level will therefore impact on our capacity to deal with Domestic Violence incidents.
Domestic Violence initiatives in the SAPS
The need for training and building capacity to implement the Act remains a priority, and is supported by findings of institutions that monitor the implementation of the Act, including the ICD.
The SAPS will continue training members through its decentralized training capacity and also in basic training, basic detective training, and crime prevention training and training for certain specialized services like the FCS Units. Training is also an interdepartmental priority and an integrated training programme has been developed that is due for testing in 2002. Expected outcomes of the interdepartmental training programme include an in-depth understanding of social context of domestic violence and improved referrals and co-operation between departments.
Training must be supported by internal and external communication and linked to monitoring and complaints. The involvement of community structures like Community Police Forums to assist in the monitoring of Domestic Violence initiatives is currently being considered.
There is also an ongoing need for public education to inform communities about the rights of victims and responsibilities of services provides. Targeted involvement of youth and men in public education programmes is essential.
Domestic Violence statistics
The SAPS must, in terms of the Act and SAPS National Instruction, record all incidents of domestic violence in a register. This is currently still a manual system (SAP 508). However criminal cases that opened against an alleged abuser can be recorded on the SAPS CAS system since June 2001.
The SAPS must report to Parliament every six months on the number of complaints against police officers (for non-compliance with the National Instruction on Domestic Violence). The fourth report in this regard is ready for submission. Complaints against members have been very low and may indicate a need to inform the public of the complaints mechanism. This is being addressed as part on an improved monitoring programme. Although still very low as a proportion of the criminal cases opened, the number of complaints have risen significantly since the previous reporting period and this may be a result of improved communication and public education efforts.
Statistics from reporting period June 2001 to November 2001
Number of criminal cases reported: 21 342
Number of complaints against police officers: 39
Number of members trained: 5500
Statistics from reporting period December 2000 to May 2001
Number of complaints against police officers: 15
Number of criminal cases reported: 7302 (only for April 2001 and May 2001)
Number of members trained: 1762
Although all members were trained prior to the implementation of the Act, training was continued following the implementation of the Act at the end of 1999. The total number of members trained following the implementation of the Act, between is now 26 624.
Conclusion
A presentation will be made to the Public Hearings on 11 March 2002 that will address these and other aspects as requested in the invitation from the Chairperson of the Task Group on Sexual Abuse of Children.