Rape: The Basic Facts

What is Rape?
In South African law, rape is defined as "intentional unlawful sexual intercourse with a woman without her consent." There are several problems with this definition:

Forced anal or oral sex is not considered rape. Neither is penetration with an object or a body part other than the penis. These are considered "indecent assault", which carries a lower penalty than rape.
Violent sexual crimes between people of the same sex are not recognised as rape.
POWA defines rape as any forced or coerced genital contact or sexual penetration. Sexual assault is defined as any other form of undesired sexual contact and is often just as traumatic.

Many people think that rape only occurs between strangers. This is not true. Acquaintance rape and date rape and are the most common kinds of rape.

Many people also believe that a man cannot rape his wife, or a that a boyfriend cannot rape his girlfriend. This is also untrue. Rape is sex without consent: it does not matter if the woman knows the man, if they have gone on a date, if she has had to sex with him before, or if she is married to him.


How Common is Rape?
31 085 rapes were reported in the first 8 months of 1996, an increase of almost 20% over the same period in 1994.
36 888 rapes were reported in 1995.

The police estimate that only 2.8% of rapes are reported, giving a total figure of over one million rapes a year in South Africa.
Studies have indicated slightly less than 2% of all rape reports are false, which is less than false reporting of other violent crimes.
Despite stereotypes about black men raping white women, and white men raping black women, police statistics show that most rapes occur within the rapist's own community.
Slightly less than 1 in 3 reported rapes end up going to trial. About 15% of reports result in guilty verdicts (half of the cases that are tried).

Why Does Rape Happen?
Many people believe that rape is a crime of passion: that men rape because they get so sexually aroused they cannot help themselves. This assumes that men are incapable or delaying gratification or controlling sexual urges, which is clearly untrue. It also suggests that rape is impulsive.

Interviews with rapists reveal that most rapes are premeditated and planned. Rapists rape to feel powerful and in control, not for sexual pleasure. Many rapists fail to get an erection or ejaculate. Many rapists are involved in sexually satisfying relationships at the time of the rape.

A study comparing rape rates in different countries found lower incidences of rape occurred in societies where:

there were lower levels of overall violence
there was mutual task sharing between men and women
women generally enjoyed higher status
there was strict condemnation and prosecution of all forms of rape

South Africa is a rape-prone society:
South Africa has very high levels of overall violence and many people believe that it is OK to use violence to feel powerful or get what they want.
South Africa's legal definition of rape in no way condemns all forms of rape, and we have some of the lowest conviction rates for rapists in the world (see above).
In South Africa, many tasks (such as dishwashing) or careers (such as nursing) are commonly believed to be "women's work." Men are expected to be sexually powerful, and women are expected to be sexually available and submissive.

53% of women in SA have no income. While 33% of Parliamentarians are women, these changes have not yet filtered to everyone. Women lack economic, political, social and religious power compared to men, and this leaves them vulnerable to male violence.

Rape Trauma Syndrome
Rape Trauma Syndrome (RTS) is a form of Post-Traumatic Stress Disorder (PTSD) that often affects rape survivors. It includes physical (body) symptoms (shock, difficulty eating and/or sleeping, racing pulse, shortness of breath, etc.); cognitive (mind) symptoms (intrusive thoughts, memory loss, nightmares, poor concentration, etc.); behavioural (actions) symptoms (crying, avoiding reminders, increased bathing, sexual problems, relationship problems, etc.); and emotional symptoms (denial, shame, guilt, fear, worry, grief, depression, etc.).

Women respond to the trauma of rape in different ways. Some rape survivors have many severe RTS symptoms; others may have few or none at all. Regardless of an individual woman's reaction, it is very important to remember that the symptoms of RTS are a NORMAL reaction to a traumatic experience, and that they will fade over time with care and support. See POWA's pamphlet "Rape Trauma Syndrome" for more information.


After a Rape
After being raped, a woman needs care and support. She also needs to get back her sense of power, control and safety in the world. Family and friends should support her as she decides what to do, but must not put any pressure on her. She will need to consider the following things:

Police Intervention: She is the only person who can make the decision about whether or not to report; nobody should pressure her one way or the other.

Medical Attention: It is best to seek medical attention even if she does not appear to be injured. She needs to find out if she has any internal injuries, and determine her risk of pregnancy, HIV and other sexually transmitted diseases.

Counselling: Organisations like POWA that have knowledge and skill in working with rape survivors are best-placed to assist, but she must be the one to decide if and when she wants to speak to someone.


Notes for Survivors on the Police:
The first person you tell about the rape is called the first witness. This person will have to make a statement to the police about your emotional state, your physical condition and the state of your clothing. If possible, the first witness should come with you to the police station.

You can report the rape at any time; however, it is best to report within 72 hours so that evidence such as blood or semen can still be collected. Also, many officials still believe that if a person does not report a crime immediately then it did not happen.

Try not to wash or change clothes before reporting the rape: this will destroy important evidence. Take a fresh set of clothes to the police station if possible in case the clothes you are wearing are needed for evidence.
It is better not take any tranquillisers or alcohol before going to the police. You need to be clear-headed when you are giving your statement.
Steps to Take:
Go to a police station and make a statement. You have the right make your statement in a private room and/or to a female police officer (if one is available). You also have the right to have someone with you to support you.

Your statement must be as detailed and accurate as you can make it. If you are too upset when you first report, you can ask to make the statement the next day. Read your statement over and make all needed corrections before you sign it.
You will need to have a medico-legal examination to collect evidence. The police will take you to the District Surgeon (DS) for this exam. You may see a private doctor instead, but this doctor must be willing to testify in court. The DS exam is free; however, the DS cannot treat you for injuries or illnesses. You will need to see your own doctor later for a check-up and treatment.
Before you leave the police, make sure you know: the name of the Investigating Officer, your case number, the name of the police station, and a phone number you can call to check on how the investigation is going.

During the Investigation:
The Investigating Officer should keep you up-to-date about the progress of your case. If you do not hear anything, phone the station to be sure they are following up with the investigation.
If the police hold an identification parade, you DO NOT have to touch the rapist; merely indicate which person he is. If there is a station with a one-way mirror facility nearby, you can ask that the identity parade be held there.

Going to Trial:
When the police have finished their investigation, they will give the docket to the public prosecutor. The prosecutor will then decide if there is enough evidence to go to trial. The police may not make this decision; they must simply collect evidence.
In court, the rapist must be proven guilty beyond a reasonable doubt. If the magistrate or judge has any doubt about the guilt of the accused, he must be set free. A "not guilty" verdict means that there was not enough evidence to convict the rapist; it does not mean that you were not raped, or that the people at the court don't believe you.

The court case can take many months, and can be postponed many times before it is finalised. This can be very traumatic. If your case is going to trial, you may want to contact POWA or another women's organisation. We can give you more information, help you prepare to testify, and send a support worker with you on the day of the trial.