Abstract
This article presents data from a study conducted by the Medical Research Council of South Africa, focusing on rape attrition in South Africa at different stages in the processes (from reporting at a police station to potential conviction). The study found that of the 3 952 reported cases of rape analysed 65% were referred to prosecution, and trials commenced in 18,5% of cases. Of the total 3 952 cases reported, 8,6% resulted in a guilty verdict. Using qualitative data from a subset of trial transcripts, the article focuses specifically on the problematic views of both presiding officers and prosecutors based on rape myths and gender-stereotyping at trial, and suggests that these are a factor affecting the attrition rate between cases referred to trial and those that result in a not guilty verdict.
Highlights
In 2018/2019 the South African Police Service (SAPS) received 41 498 reports of rape in South Africa.[3]
A study conducted by the Medical Research Council of South Africa, that focused on rape attrition at different stages in the processes, found that of the 3 952 reported cases of rape they analysed, 65% were referred to prosecution, but only 18,5% went to trial.[20]
This paper focuses on this attrition and suggests that problematic views of both presiding officers and prosecutors, based on rape myths and gender stereotyping, is a factor affecting successful prosecution, resulting in conviction
Summary
Prosecutors and presiding officers’ reliance on evidence of previous sexual history in South African rape trials. Cases may fail to move from investigation to prosecution due to the intersection of stereotypical attitudes about complainants and bureaucratic interests.[16] Smythe illustrates, for example, that police investigation into one particular victim’s case appeared non-existent by the time the case was closed, in part due to the police officer’s views on the complainant He had written in his investigation diary that the suspects were apparently drunk and the crime was likely to be one of lust.[17] A study of rape case attrition in Gauteng found that very few cases (only 8%), proceeded past investigation to result in conviction.[18] The reasons cited for the failure of referral of matters for prosecution included that police did not believe the complainant, no formal complaint was made by the victim or the victim dropped charges, prosecutorial concerns of the police and apprehension of the victim around the prosecution process.[19] A study conducted by the Medical Research Council of South Africa (the MRC), that focused on rape attrition at different stages in the processes (from reporting at a police station to potential conviction), found that of the 3 952 reported cases of rape they analysed, 65% were referred to prosecution, but only 18,5% went to trial.[20] Only 8,6% of the cases resulted in a guilty verdict.[21]. Reform should consider legal representation for complainants so that their rights are protected during the trial
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