I was raped and I want to report the rape. How do I do this? What will happen to me when I go to the police? And what will happen in the court case?

What Does the Law Say?

If you make a complaint to the police, the police must investigate the matter. They must arrest the accused and may arrange identity parades, for you to point out the criminal. They must collect evidence that will help the court to properly try the person accused of the crime. They must get statements from any witnesses (people who saw the crime). (See: Rape, incest and sexual assault)

Other rights that you have when reporting a rape are the right to:

• Call the police and have them come to you
• Have a friend or a family member with you to support you
• Give your statement in privacy
• Give your statement to a female officer (if you are female), if there is one available

What Can You Do?

• Go to the charge office at the nearest police station and make a complaint. You can go to any police station. If you report it at a police station that does not cover the area where the assault took place, it will be referred to the appropriate station for investigation. You should try to go within 48 hours of the attack. If you leave it longer, you may have to explain why it took you so long to go to the police. It is advisable to report it to the police or a health facility within 72 hours, then you can access PEP treatment against a possible HIV infection.

• Make a statement to the police. The detective will take a statement from you. You have the right to make the statement in your own language or have it translated. Because you are making a complaint, you will be called a complainant. You must then swear that you are speaking the truth and sign your statement. If you forget something and think about it later, you can add it to your statement.
• Ask for a copy of your statement and the police reference number before you leave the charge office. You have the right to get a copy. The police reference number is called an OB number (Occurrence Book Number) or a VB–nommer (Voorvalleboeknommer).
• Get a medical report. If you have any injuries, the police will ask you to get a medical report form filled in. This form is called a J88 medical report. You can go to your own doctor or to a district surgeon (a government doctor) to get this form filled in. This form must go back to the police station where you laid the charge. If you go to a district surgeon, he or she will send it back for you.
• After you make your statement to the police, they must open a case docket and investigate a criminal charge against the person who sexually assaulted you. Then there will be a CR (Criminal Register) or MR (Misdaadregister) number.
• Check on the progress of your case a week or two later to see what is happening. Ask for the name of the investigating officer so you can speak to him or her when you contact the charge office.

Sometimes nothing happens because the police investigation is stopped or the National Prosecutions Authority decides not to charge the person who raped or assaulted you. You can ask the investigating officer for reasons. If you are not satisfied, you can ask your lawyer to make the authorities take your case more seriously.

• Identity parade. You may have to identify the person who assaulted you by pointing out the person in an identify parade.
• Evidence. The police must gather as much evidence as possible to show that the story you have told is the truth, for example, the clothes that you were wearing when the attack happened, etc. They may be needed in the court case.
• Medical evidence. The police also need the medical report and samples taken by the doctor. Do not wash yourself after the attack until you have seen the district surgeon or your doctor. Also do not drink any alcohol or take any other drugs such as strong painkillers or tranquillisers. You have a right to ask the doctor what he or she is doing and why. You should also ask the doctor to treat you in case you may be pregnant from the rape. The doctor is not legally obligated to treat you for pregnancy, sexually transmitted diseases or HIV/AIDS. You may need to see another doctor to be treated for these problems or any other injuries.
• The court case (See: Steps in a criminal court case)
  • If the man who raped you is charged, you must give evidence in court. You will be cross-examined by the accused or their attorney.
  • The state prosecutor will present the case against the accused. You will be called as a state witness to say what happened to you. Tell the court about the effects the sexual assault has had on you.
  • The prosecutor must prove the charge against the accused beyond a reasonable doubt. This means there should be no doubt in the magistrate’s mind that the man is guilty. The magistrate might decide that the prosecutor has not proved the case well enough and then find the attacker ‘not guilty’. This does not always mean that the accused did not do it. It just means there was not enough evidence to prove the case.
  • Even if the magistrate or judge finds the attacker guilty, the sentence might be light – a fine or only a short time in jail. You have no say over what sentence the accused gets.
  • If the accused is found guilty, ask the prosecutor if you can submit a Victim Impact Statement or testify how the rape or sexual violation affected you and your life.
  • You can ask for certain damages in terms of the Criminal Procedure Act. If you do then you may not be able to bring a claim for civil damages against the perpetrator.

Bringing a Civil Claim for Rape

A person who has been raped can also bring a civil case against the person who has raped and/or sexually assaulted them. (See: Civil Claims)

Example:

In a civil claim a young girl sued the man who had been raping her for many years for damages in a civil case. The civil claim was made after the man was found guilty of rape in a criminal court. The man was sued for depriving the young girl of freedom of movement, and for raping and/or sexually assaulting her. Because of this she suffered shock, pain, discomfort, mental anguish and humiliation. The damages claimed were:

• R30 000 general damages for pain and suffering, hurt feelings, anguish and stress
• R10 000 for wrongful deprivation of freedom of movement
• R10 000 general damages for shock, pain and suffering
• R20 000 for disablement in respect of enjoyment of the amenities of life

You can also sue for child sexual abuse many years after it happened if you only became aware and truly understood the impact it had on your life later eg after seeing a counsellor.

If the state does not prosecute, you can conduct a private prosecution. The only problem is that this is expensive.