SEXUAL VIOLENCE AGAINST WOMEN

Desiree Takalo discusses sexual violence against women and argues for the need to change legislation in favour of women.

What is Rape?

South African law defines rape as an act of forceful sexual intercourse without consent. The underlined words are what the law refers to as the ‘elements’ of what constitutes a rape. These elements are what are used to legally validate or verify the authenticity of a rape case.

Rape cases are either valid or invalid based on the evidence. The most important source of evidence is semen. The semen is analysed because every man produces only one type of sperm or specific DNA, which is the specific structure of the sperm unique to each man. Rape can occur to both women and men and this is recognised by law.

Different kinds of Rape

The following are the different kinds of rape recognised by South African law:

• Indecent assault: this is where broken bot- tles, wooden spoons, barbed wire and other sharp objects are used for penetration.

• Date rape: rape after a date by a person known to you.

• Gang rape: rape by more than one person.

• Incest: rape by a blood relative.

• Marital rape: rape by a marital spouse.

In the case of indecent assault it is impossible to prove rape because penile penetration did not occur therefore it is dealt with as grievous bodily harm and a minor sentence is handed down.

Age of Consent

Recently a bill was passed where the age of sexual consent was lowered to 12 years. In the past if

a minor or child was found to be having sexual relations with an adult, statutory rape charges could be laid. With the passing of the bill, lowering the

age of sexual consent to 12 years means that by law parents can longer sue for statutory rape.

Are we then saying that 12-year old children are able to give sexual consent? Are our children emotionally and physically ready to be able to give consent at this age? With the growing realities of poverty are we not going to be faced with a situation where a minor, living below the breadline, will exchange sex for food, clothes, cell phones and so forth? Peer pressure to conform to social standards is an added concern, in this context.

When we look at the attitude of how differently cases of rape amongst girl & boy children are handled, then stereotypes about girls ‘going to have sex anyway’, are reinforced. This only makes the existing situation worse and many survivors are more likely to be silent. This increases the stigma attached to rape.

Power Relations

Sexual violence in the case of children should be dealt with as a crime of seduction. Here adults take advantage of the power relations over children. Minor children are often lured on the basis of trust that exists between the child and the perpetrator. Thus the child gives in, despite the fact that the child may know that this is wrong. This leaves the child feeling that they are responsible and emotions of guilt and blame become a daily reality.

Violence against Women

Millions of women and children in war situations are raped and sexually abused. Often this is done to provoke the men. Many women are also forced into practices like genital circumcision, virginity testing and other such religious and customary practices. These should be viewed as sexual crimes and violence against women. As communities, non-governmental organisations and social movements we need to build solidarity, and lobby to change legislation on sexual violence in favour of women.

Desiree works for Lungelo Women’s Organisation in Soweto. This article is written in her personal capacity.