Chapter 9

Steps to follow when reporting sexual offences (crimes)

Anyone can be a victim of sexual crimes regardless of their gender.

Follow these steps if you are a victim of a sexual offence:

Step 1: Go to the nearest Police station or a Thuthuzela Care Centre (TCC) to report the matter

Do not take a bath or change your clothes after a sexual crime. Your body and clothes will be used as important DNA evidence. A TCC is a one-stop victim-support service centre located at the hospital/clinic to facilitate the speedy collection of evidence in a victim-friendly environment. You can ask a friend or family member to go with you.

Step 2: Make a statement

At the police station/TCC you will be taken to a private victim-friendly room where the police officer will take your statement. You will need to provide details of people who witnessed the crime or have information concerning your case. Read your statement before signing it. The police will issue a case number which must be kept safe.

Step 3: Go for a medical examination

Immediately go for a medical examination from the nearest hospital/clinic. The findings of the medical examination will be included in the police docket as evidence.

If the sex offender did not use a condom or any protection, you are entitled to receive Post-Exposure Prophylaxis (PEP) for HIV infection within 72 hours after the sexual offence. The PEP services are available at the public health centres managed by the Department of Health.

You may also be referred for trauma counselling to a local social worker for free.

Step 4: Police investigation

The police will investigate the case and may arrest the suspect.

Step 5: Work with the police and prosecutor

The district court prosecutor may consult with you to find out if there is enough evidence to prosecute the accused person. The prosecutor is your lawyer so they need to be informed of all the details.

The law allows the accused to apply for bail. You will be told by the investigating officer when your application will come to court. If you feel you will be in danger if the accused is given bail, you need to tell the prosecutor about this. The prosecutor may use this information to oppose the bail application.

When the police investigation is completed, the case will be handed to the Sexual Offences Court for trial.

Step 6: On the date of trial go to the Sexual Offences Court

Arrive on time and bring along friends and family who can support you.

If the regional court prosecutor is satisfied that there is enough evidence to prosecute the accused, the date of trial will be set for the case. You will be informed of this date by the investigator or prosecutor.

Step 7: Appearing in court

If you are a child, a mentally disabled person or a traumatised adult victim, you may testify in a private testifying room using closed-circuit TV.

Step 8: The verdict is given by the magistrate

If the accused is convicted, the magistrate will give them a sentence that is set by the law.

If the accused was convicted of a sexual crime involving a child or mentally disabled person, the court will order that the particulars of the accused be entered in the National Register for Sex Offenders to prevent them from repeating the same offence.