Ethical loneliness and the development of a victim-focused approach to rape cases in South Africa

Abstract

Abstract In this article, I focus on the rape trial of the former South African president, Jacob Gedleyihlekisa Zuma. I have chosen this specific case as it was extensively documented, both in the media and academically, with the main focus being on how the court had relied on gender-stereotyping in coming to its conclusion that the accused was not guilty as well as the degrading onslaught the victim experienced by communities around her. I look at the court's reliance on evidence of previous sexual history in finding that the complainant (Khwezi) was, in fact, an unreliable witness. I endeavour to show how the reliance of the court on rape stereotypes can be humiliating, degrading and one of the causes of secondary victimisation. I argue that Khwezi's harmful experience of the criminal justice system is common to many victims in rape cases. I then proceed to argue that the experience of Khwezi (and many other rape survivors) can be described as what Stauffer calls, ‘ethical loneliness’. As one outlet for this loneliness, I suggest the development of the South African criminal law, which can be applied to criminal law universally, to shift the focus of rape trials from being accused-focused to victim-focused. Through this process, I argue, that law can begin to influence change in the reluctance of society to hear the story of rape survivors and help to create a safe space in communities for survivors to be heard.