Transcript Date Rape - Legal Assistance Centre

The Combating of Rape
Act 8 of 2000
© Based on a template produced by the
Gender Research and Advocacy Project
of the Legal Assistance Centre
The Legal Assistance Centre takes no
responsibility for any changes made
to the template
Namibia has
approximately
1100
rapes/attempted
rapes
per year
according to the Legal Assistance Centre 2006
report Rape in Namibia
Sex of rape victims
7%
male
In the majority of
cases of rape and
attempted rape,
the victim is a
woman
93%
female
according to the Legal Assistance Centre 2006
report Rape in Namibia
Sex of rapists
In the majority of
cases of rape and
attempted rape,
the perpetrator
is a man
according to the Legal Assistance Centre 2006
report Rape in Namibia
1%
female
99%
male
Relationship between rapist & victim
In most cases,
the victim was
acquainted
with, related to
or in a
relationship
with the rapist
12%
Strangers
42%
Acquaintances
21%
Relationship to
complainant
unknown
25%
Relatives, spouses,
or intimate partners
What is the definition of rape?
Rape is the intentional commission
of a sexual act under coercive
circumstances
What are coercive circumstances?
• The previous law defined rape as sexual
intercourse without consent
• The new law uses the term coercion
• Coercion is the use of force or threats of
force
– This means you might be coerced to have
sex, or coerced to “consent” out of fear.
This is rape.
Examples of coercion
•
•
•
•
•
•
•
Force
• Intimidation
Threats
• The victim has a physical
disability, mental
Being detained
incapacity or other
Being helpless
inability to prevent the
Sleeping
rape
Intoxicated with liquor
• The victim is under the
The victim believes that it
influence of some
is someone else
drug/substance which
mentally incapacitates
him/her
What is a sexual act?
• The insertion of the penis into the vagina of another person,
to even the slightest degree
• The insertion of the penis into the mouth or anus
• The insertion of any other part of the body into the vagina or anus
• The insertion of any part of the body of an animal into the vagina or
anus
• The insertion of any object into the vagina or anus
• Cunninglingus (oral stimulation of
the female genitals)
• Any other form of genital
stimulation
Two examples of rape
• If you are starting to have
sex but change your mind
and your boyfriend
physically forces you to
continue, this is rape
• If you make someone really
drunk so that your friend
can have sex with them,
both you and your friend
are guilty of rape
Statutory rape
• It is automatically rape if someone under the age of 14
commits a sexual act with someone who is 3 years older
• It is also a crime if someone under the age of 16
has any kind of sexual contact with someone
who is 3 years older
(Combating of Immoral Practices Act)
• Definition of sexual contact is broader
than definition of sexual act
• The age gap is a form of coercion.
Crimes are committed in these circumstances
even if there was no other kind of coercion
Examples
• This means that a 26-year-old who has
sex with a 12-year-old is raping the child,
even if the child consents to have sex
• If a 12-year-old boy and a 12-year-old girl
agree to have sex, this is not rape
because they are the same age
Marital rape
• Rape can happen in a marriage
• If a husband forces his
wife or a wife forces
her husband, it is rape
Rape is gender-neutral
• Both males and females can be the victims
of rape
• Both males and females can be the
perpetrators of rape
Gang rape
• If one person forces a person to have sex
with someone else, both people can be
accused of rape
• If 3 men take it in turns to rape a person,
it is possible for each of them to be
charged with committing 3 rapes
Quiz: Is this rape?
•
A girl is taken to the riverbed by her
boyfriend and when they get there his
friends are waiting to have sex with her.
She is too scared to say no and she lets
them have sex with her
• Yes this is rape. If there a 4 people and
they each have sex with the girlfriend,
each person could be charged with 4
counts of rape
•
The uncle of a small girl fondles her
private parts
•
A married woman who is HIV positive
has an agreement with her HIV positive
husband that they will use condoms so
that they do not increase their infection
level. He comes home drunk and forces
her to have sex without a condom
• Yes, both are examples of rape
– A sexual act does not have to include
penetration
– A rape can happen between a man and his
wife
What to do if
you have been raped
Steps
1. Do not wash
2. Report the rape
3. See a doctor or
nurse as soon as
possible.
4. Get counselling
Seek help
Report the rape to the police
– Women and Child Protection Units at police stations
are there to help rape victims
• They will collect evidence and investigate the crime
• They can take you to a hospital to get medical treatment.
Go to hospital or see a doctor as soon as possible
– You will need to receive medication that will reduce the risk
of contracting HIV and other sexually transmitted diseases
– The doctor can give medication to help prevent pregnancy
– Go to hospital or see a doctor as soon as possible, some
medication will only work if taken soon after the rape
Collecting evidence
• Wait for evidence to be taken before you
– change your clothes
– wash yourself
– tidy the area where you were raped
• Write down everything you can remember
The sooner you report a rape, the more likely
evidence can be collected that can be used in court
Post-exposure prophylaxis
• PEP is a course of antiretroviral
drugs which can give help prevent
HIV infection if started within 24-72
hours of the rape – the sooner the
better
• All rape survivors should be given
PEP treatment
• It is very important for survivors to
finish the month-long treatment of
PEP. If they do not, the medication
may not work
Can you help Mary?
• Mary, a married woman, arrives at your home
late at night. She is crying and very upset. Her
husband lost his job that day and came home
drunk and angry. He tore her clothes off and put
his penis in her anus. She has never heard of
this kind of sex. Normally they use a condom but
this time her husband did not use one. She is
torn and bleeding and doesn’t know what to do.
She does not want to report her husband to the
police
• Explain to Mary that what happened was rape
• Be very gentle with Mary, and keep calm yourself
• If Mary does not want to report the rape, you should not
try to force her to go to the police
• Go with her to a hospital or clinic as she is injured. If
Mary knows she is HIV negative or if she does not know
her HIV status, ask the doctor to give her PEP
• Encourage her to talk to someone she trusts about the
problem, such as a family member who could talk to the
husband about his behaviour
• Arrange counselling for Mary if possible. Be supportive,
don’t tell anyone else about this situation, and continue
to show that you will support her
Topic for discussion
Some people believe that having sex with
a virgin can cure HIV infection
• Have you heard of this myth?
• If so, what can be done to inform people
that it is not true?
Emotional consequences
of rape
Anger
• Direct anger towards family or themselves
• Feeling they have lost
control over their life
• Direct anger at someone else
for letting it happen
Guilt
• Feeling that it is their fault
– wore ‘sexy’ clothes
– invited the person in
– encouraged them
• Could they have done
something to escape?
Shame
• Lose their self-respect
• Feel dirty
• Fear they will be blamed
• Too embarrassed to admit to the rape
Loss of control
• Feel disempowered because they
submitted
• Feel like they can’t even
make small decisions
Fear
• Feel afraid that it will happen again
• Feel unsafe all the time
• Feel unsafe talking to men
How to help a friend who has been raped
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Assume they are upset even if they don’t show it
Listen to them
Don’t judge them
Be supportive
Wait until they are ready to talk
Give them options but don’t force them
Try to prevent them being alone
directly after the rape
The consequences of rape
• Punished by 5, 10 or 15 years for a first
offence
• Punished by 10, 20 or 45 years for a
repeat offender
Evidence in court
• A rape case is private – the public cannot come
to the court case
• The identity of a rape survivor must not be
published by the media
• The sexual history of the victim is not relevant
• The character of the victim is not relevant
Special duties of the prosecutor
• The prosecutor has a special duty to give the
rape survivor information about the trial
• The rape survivor should be informed if there is
a bail hearing
– The rape survivor has the right to give information
about why the accused should not be released on
bail. The Magistrate will consider this information
Myths about rape
If there isn’t a
weapon involved,
it wasn’t rape
People
secretly
enjoy rape.
Rape is only committed by
strangers in dark alleys
WHAT DO YOU
THINK? .
The victim is
responsible
because she
was dressed
provocatively
Rape is just
rough sex
People say ‘no’’ when
they mean yes.
She didn’t
scream or
fight back so
it wasn’t
rape
A man can’t be raped
Remember
Rape is never the fault of the victim, it is
the fault of the rapist!
NO MEANS NO!