NATIONAL COUNCIL OF WOMEN OF SOUTH AFRICA

(Affiliated to the International Council of Women in 1913)

www.ncw.org.za

 

 

THE NATIONAL COUNCIL OF WOMEN IS CONCERNED ABOUT THE SEXUAL OFFENCES LEGISLATION:

1.       "The Sexual Offences legislation is not going forwards it is going backwards and we need to go forwards and demand the status quo be maintained on the access to anti-retroviral therapy for victims after rape. The law already gives rapists complete access but the Sexual Offences Bill is now seeking to further victimise their victims.

2.       "Activists feel let down by Sexual Offences Bill" - Sunday Independent, May 7th 2006, states that Samantha Waterhouse of RAPCAN, is of the opinion that if only survivors who report rape to the police have access to HIV post -exposure prophylaxis, this means the majority of people who need, it will not access it. Further this is a step backward from the existing position of the dept of health policy where a police docket is not a requirement for access the ARVs.

3.       Several experts at universities have pointed out that a power imbalance between the perpetrator and rape victim makes reporting difficult and in some cases impossible. And, the cost of not reporting to the police in order to access ARVs can mean a death sentence for the victim who may become HIV positive.

4.       Helene Combrink, of the University of the Western Cape on the Fokus programme on TV2 on 14th May 2006, has spoken of the power imbalance preventing reporting. Professor Merryll Vorster of WITS who is Professor of Psychiatry also concurs in a discussion with Professor Cleaton-Jones. Medically and legally the power imbalance is a deterrent for many to reporting. This may be in incest cases or in the workplace situation when a job is dependent on the person who holds the power over a worker.

5.       Joan Van Niekerk, in the Sunday Independent article also expresses fears that the bill is gearing up to dismantle the specialised sexual offences courts. And in my view when read alongside the police restructuring which is set to disappear the specialised units this may well be the case.

 

(Fran Cleaton-Jones National Adviser for Child, Family and Youth)