A criminal case can be brought against anyone who has broken the law. This includes a member of the police (SAPS), or soldiers in the defence force (SANDF).

If you are unlawfully assaulted by a member of these security services, you can lay a criminal charge against the person. If you have laid a charge against a member of the police, they are sometimes reluctant to take the complaint or investigate the case. Likewise with cases which they don’t think are very important, they may refuse to take the complaint or the police investigation is stopped without a proper explanation.

The police cannot refuse to take a statement from a person who wishes to lay a complaint. In the event that a police officer refuses to assist you with a charge, you can ask to speak to the Station Commander or lay a charge at a different police station.

Pressure from attorneys or the community can help to get the police to take an investigation more seriously. You can also get your Community Police Forum to take up the issue or you can refer the complaint to the Independent Police Investigative Directorate (IPID). (See: Community Police Forums; Reporting a case of police misconduct)

In a case where you have been assaulted or raped, you must be able to identify the person who assaulted or raped you. If you do not know the name but you remember the face, you must be prepared to point the person out at an identity parade. Even if you cannot identify the person by appearance or name, you must still lay a charge because there are other ways to positively link a person to crimes of rape and assault, such as DNA testing or other forensic evidence available to the police. Immediately after the rape, go to a police station and get a J88 form. Do not wash or change your clothing, go straight to a doctor for an examination.

Remember that if you have laid a charge against someone and the person is charged, you will have to give evidence in court. You must be very sure of the facts that you give to the police in your statement because the defence will cross- examine you and try to catch you out.

Only the courts can decide if you have or anyone else has committed a crime or not. If the court finds you guilty of committing a crime, then you have to pay a fine, or go to jail or get a suspended jail sentence.