Bethlehem - The new dedicated Sexual Offences Court in Bethlehem in the Free State will go a long way in providing much-needed protection to a large number of victims and survivors of sexual crimes in the area.
Furthermore, it has enhanced the community’s confidence in the criminal justice processes.
The area has in recent months been plagued by gangsters, who raped and terrorised the community. The crimes, according to the local police, are linked to poverty and unemployment in the area.
The dedicated court - located at the Bethlehem Magistrate’s Court - was opened by Minister of Justice and Correctional Services, Michael Masutha, on Friday.
Community members SAnews spoke to believe that the court will immensely assist victims, who are often subjected to long delays in the finalisation of cases.
Petronela Mekoa (43) says the real trauma for rape survivors is having to endure lengthy court process. She shared her experience of supporting a rape survivor through normal court proceedings.
“It was very difficult to testify even for her as an adult. There were males in the courtroom - from the magistrate, the policemen… and having to relive the incident in such an environment was embarrassing for the victim,” said Mekoa.
Her hope for the dedicated unit is reduced trauma for victims, and making them feel more protected.
Thabiso Mofokeng (28) hopes that the unit will have the political will, be adequately staffed and sustainable enough to make a significant impact on the levels of violence against women in the area.
“I hope it will make a difference, taking into account the number of convictions of rapes we hear of in the area. I also hope it will improve the skills of court personnel, which has contributed to the efficient prosecution and adjudication of some cases.”
Another community member, Mimiki Mphuthu (37), believes the unit will contribute to reducing the escalating incidents of rape in the area and ensure that perpetrators are put behind bars.
“The court came at the right time when we are celebrating Women’s Month and I believe it will speed up the process of prosecution for those found guilty. When cases take longer, we lose confidence in the police and justice system,” said Mphuthu.
Protecting the vulnerable
The Sexual Offences Courts were reintroduced last year as part of government’s initiative to help address the growing challenge of sexual offences in the country, particularly against vulnerable groups.
The concept of Sexual Offences Courts was first introduced in South Africa at the Wynberg Regional Court, Cape Town, in 1993.
The pilot proved to be a huge success, as it maintained a conviction rate of up to 80% over a period of a year. This became a strong motivation for the National Prosecuting Authority (NPA) to establish further Sexual Offences Courts around the country.
By the end of 2005, there were 74 Sexual Offences Courts countrywide, whose main achievements then included the increase in conviction rates and a decrease in the turnaround time from the date of report to the police, up to the finalisation of the case.
Even though these courts recorded considerable success, there were a number of challenges that led to their demise, including dedicated budget, restricted space capacity in courts, lack of training of court personnel and monitoring and evaluation mechanism developed specifically for the management of these courts.
Years went by and the number of these courts dwindled, until they stopped.
But the increasing number of sexual crimes in the country forced government to reconsider the introduction of these courts; but now, they are doing it better. A ministerial advisory task team on sexual offences set up by government recommend that the courts be reintroduced in 2013.
Since their reintroduction last August, there are 22 of these designated courts across the country.
Minister Masutha told SAnews that government is serious about addressing the problem of sexual violence, especially for vulnerable groups, regardless of their geographical location.
“The re-establishment of these Sexual Offences Courts aims to provide victim support services in a bid to eliminate secondary victimisation of complainants in sexual offences,” Minister Masutha said.
The courts feature a proper screening process to identify cases that fall within the sexual offences category; a special room where victims will testify; a private waiting room for adult witnesses; a private waiting room for child witnesses; victim support services; a designated court clerk and a court preparation programme for witnesses to prepare them for court and to provide debriefing after they have testified.
The courts also have special equipment to enable victims to identify the accused from the testifying room when required to do so.
Minister Masutha, who toured the facility, said the court will also ensure that sexual offences trials are dealt with speedily, especially those involving children. Ensuring that the investigation and prosecution of sexual offences happens effectively is important for the court.
Minister Masutha said it was important to speak of sexual offences as a form of gender based violence and human rights abuse.
“It is our obligation as government to put in place measurers to strongly condemn these violations in defence of our democracy.”
The Minister also used the occasion to weigh in on the escalating rate of sexual violence against women, especially children, in the country.
Minister Masutha said they have enacted various measures to deal with all forms of gender based violence, including sexual offences.
Some of the progressive legislations include the Domestic Violence Act 116 of 1998; Older Persons Act 13 of 2006, Children’s Act 38 of 2008, Criminal Law (Sexual Offences and Related Matters) Amendment Act No. 32, 2007 and the Prevention and Combating of Trafficking in Persons Act 7 2013.
“We seek to protect our citizens from sexual violence as a matter of urgency and the stark reality is that this is a fundamental responsibility bestowed on government by our democracy and our Constitution,” said the Minister.
He hopes to upgrade 57 Regional Courts into Sexual Offences Courts by the end of 2015/16 financial year.
As part of the three-year commitment to the roll out, the Minister said the department received funding to monitor the outcomes of the first nine Sexual Offences Courts, which were established in terms of the 2013/2014 Medium Term Strategic Framework from the Criminal Asset Recovery Account
Community support
In a community engagement after opening the court, Minister Masutha urged community members to support the work of the Justice, Crime Prevention and Security (JCPS) Cluster by reporting all sexual offences and crime in general to relevant authorities.
“Community members must come forward and report these crimes so that perpetrators maybe brought to book,” said the Minister.
Community members in Bohlokong also took the opportunity to tell the Minister their concerns.
Minister Masutha in turn committed that government will address their challenges. - SAnews.gov.za
