What is rape?

Sexual abuse and assault is taken very seriously in this country. Please make a note of these legal conditions:

• Sex and any other sexual act should only occur with agreement or permission by everyone involved.
• Sexual acts with someone under the age of 16 are considered a sexual crime – even if there is “consent”.

According to the law, “any person ('A') who unlawfully and intentionally commits an act of sexual penetration with a complainant ('B'), without the consent of B, is guilty of the offence of rape”.

Rape is a violent crime in which a person uses sex (or sexual acts) to intentionally hurt another person. If you have not said “yes” or agreed to the act, it is rape. Consent means ‘saying yes’.

Sexual penetration is when genital organs, body parts or objects penetrate to any extent the genitals or any other part of the body of another person. [Source: Rape Crisis Cape Town Trust]

Sexual assault is any other sexual act or threat of sexual act that doesn’t fit the definition of rape and that occurs without a victim’s consent. Sex should be something you do willingly. You should not, and don’t have to, have sex with someone else if you don’t want to. If you say “YES” to sex, because you want to and don’t feel forced to, only then are you are giving your consent.

What if I change my mind?

Sometimes the situation can get confusing, especially if you change your mind and are worried about offending the other person. Don’t be. In the same way, if you want to have sex with someone and they are not sure if they want to, you can’t force them or make them feel they have to.

Facts about rape:

• South Africa has the highest reported rape rate in the world.
• Many rape victims know their rapist.
• Rape Crisis Cape Town Trust suggests that only 50% of rape victims report their rape.
• Both men and women can be raped or sexually assaulted.
• According to the City of Cape Town’s State of Cape Town 2014 Report, there has been a consistent, gradual decrease in all sexual crimes since 2004/5. This is also true for South Africa as a whole.

It’s about your basic rights

• You always have the right to say “no”!
• Sex and any other sexual act should only occur with agreement or permission of everyone involved.
• Sexual acts with someone under the age of 16 are considered a sexual crime – even if there is “consent”.
• If your partner or spouse forces you to have sex and you have not given your consent, it is still rape. This is referred to as marital rape.

Even if you said “yes” and are not resisting, it is still rape if:

• you are forced into the act by violence or the threat of violence to yourself, a loved one or to your property;
• you are drunk, drugged, asleep or unconscious;
• you are younger than 16 years old or mentally challenged;
• you are led to believe by a superior (e.g. boss or teacher) that refusing sex will risk your position at work or at the learning institute; or
• you are led to believe a professional or someone in authority that the sexual act is needed for your physical, emotional or spiritual health.

Getting help

[Sources: Western Cape Government]

How to report rape

When reporting rape, please take note of the following tips below. These will help you know your rights to privacy and decent treatment.

• You do not have to report rape to the police. However, if a child or person with any mental impairment has been raped, the law states that a case must be opened with the police.
• When reporting a rape, no police station may turn you away or refer you to another station.
• There is no time limit for reporting a rape case. However, it is best to report the rape as soon as possible to increase the chance of the rapist being prosecuted.
• When reporting the rape, you should be taken to a private space e.g. office or trauma room.
• You can ask to speak to a woman police official. However, one may not always be available.
• After reporting a rape, you should be referred for a medical examination. This is usually done by a state doctor.
• You do not have to give all the details of the rape when reporting it. you will be asked for a detailed statement of what happened during the rape after the medical examination.
• The information you provide about the rape should be kept confidential.

[Sources: SAPS, Rape Crisis Cape Town Trust]

Avoid rape

Cape Town can be a dangerous place. Taking note of these safety tips can help you avoid dangerous situations.

• Never walk alone in a dark or deserted areas – especially at night.
• Trust your intuition – if you’re not feeling safe, leave!
• To avoid getting lost, make sure you know how to get to your destination.
• To avoid breaking down on the road, make sure your vehicle is trustworthy.
• Never hitchhike or pick up hitchhikers.
• Be alert at traffic lights and stop streets.
• Never go home with someone you don’t know.
• Keep a whistle with you - and blow it if you need help.
• Never tell anyone that you are alone at home – and make sure your children know this to.
• Do not allow a stranger into your home. If the person is delivering something or providing a service, ask for id or phone his/her office to check his/her identity.

[Source: SAPS]

Look out for any women walking alone. If you see anyone who has been hurt, and you have help with you, stop and see if they need assistance.

The City runs a number of community programmes for vulnerable women which you can get involved in such as:

• Mitchells Plain Network Opposing Women Abuse
• Mosaic Social Ill Support Programme

Document downloads

• 1. 2014 State of Cape Town Development Report

     31/12/2013, Development report - 20.5 MB