RAPE: A socialogcal and criminolgical approach.

parathyroidsanchovyAI and Robotics

Nov 17, 2013 (3 years and 11 months ago)

58 views

RAPE: A
socialogcal

and
criminolgical

approach.



Dr NC
Nomoyi

Forensic Criminology

Senior Lecturer

Retired Major
-
General South African Police Service (SOE)

CONTENT




Introduction.



Where does vulnerability begin.



What are the roots of gender based violence.



Relationship between rape and HIV.



Socio
-
Cultural dimension.



The aim of the presentation.



Political influences: What went wrong?



South African Government’s response to the scourge of


gender
-
based violence.



What would it take for women to be free of injury and live


without fear for their safety.

INTRODUCTION


Ramphele
, speaking at an event to celebrate
Women’s Day, during August 2013 reminded
the audience that gender based violence is
rampant in South Africa. In addition, she
emphasized that this scourge is not limited to
South Africa and occurs
infact

worldwide with
little research conducted to understand the
escalation thereof better (
Ramphele

2013:29
).

Endorsing the cautionary words that acquiescing to abuse sets a bad
example,
Ramphele

reflects that:


Nineteen years into our democracy is a good moment to take stock. We
have made great strides in raising the visibility of women at many levels in
out society; in Parliament, cabinet, public leadership in provinces, local
authorities, civil society organizations, professions and academia.


Sadly we have to face the ugly reality that despite having the constitutional
human rights and gender equality provisions foundations for social
relationships as well as demonstrated capability of women to lead, the
PATRIARCHIAL

SYSTEM OF MALE DOMINANCE

gender based violence in
our society is rampant.


We need to acknowledge that the lived reality of many girls and women is
violence at home, at school, at work and in the streets. Traditional male
chauvinist views of the place of women in society persist despite all the
efforts to change them. Why?

WHERE DOES VULNERABLITY BEING?



It starts at home. Women as mothers, wives, sisters and
partners play a role in the perpetuation of gender inequality.

The subtle messages we give our daughters and sons as we
raise them leave a deep imprint on what is and what is not
acceptable.

Buying peace in the home by acquiescing to abuse sets a bad
example for our children, who end up accepting abusive
relationships as the norm.

The Abnormal becomes normal if regularly enacted.

WHAT ARE THE ROOT CAUSES OF GENDER BASED VIOLENCE


The root causes of gender based violence also need to be
tackled. The high level of unemployment and despair among
young people 70 % of all unemployed people.
-

is a danger to
our society. Desperate young men are resorting to crime.
These young men are resorting to crime. These young men
need urgent attention. Arresting them is not enough. They
need help to channel their energies responsibility and
creatively.


As
McComb
, quoted in Hawthorne observes, "when a man is
tortured it is death anywhere, people see political persecution,
when the same thing happens to a woman the same people
see sex.

RELATIONSHIP BETWEEN RAPE AND HIV



Researchers have witnessed a growing recognition of the link between
violence again women and HIV. One immediate expression of this link
relates to the transmission of HIV following rape. The act of rape may
sometimes be brutal and the victim may experience tearing which
increases the chances of HIV entering her body.

Rape is also sometimes
perpetrated by more than one perpetrator, which again increases the
chances of the HI virus transmission (Wood,
Jama
,
Jewkes
,
Nduna

& Levin
2002) Rape affects millions of people each year worldwide. However, South
Africa is reported to have one of the highest rates of sexual violence in the
world. South Africa also has the unhappy distinction of being known as the
country with the highest incidence of rape worldwide (Ramsay 1999) In
1995, the Human Rights Watch reports on domestic violence and rape,
dubbed South Africa the rape capital in the world (Human Rights Watch,
1995).

SOCIO CULTURAL DIMENSION



Like all other forms of violence against women, rape is
connected to the broad socio
-

cultural milieu which is suffused
with beliefs of male dominance, supremacy and aggression.
Inequalities in male
-

female relationships as well as in the
social, economic and political structures in South Africa ensure
that women remain vulnerable to attack. That South African
society to some degree promotes rape through their attitude
about social inequalities related to race and gender, as well as
their attitude towards victims and perpetrators.

South African society is deeply ingrained with rape victims and
sexiest stereotypes. This minimizes the treatment or support
for rape victims by society at large we well as by police
personnel, and this is particularly true for Black women
(Human Rights Watch 1995).

THE AIM OF THIS PRESENTATION



This study seeks to bring to the fore the incidence of
rape that is increasingly becoming rampart in South
Africa and its brutal nature. The print and electronic
media continuously reflect that the scourge of rape is
multi
-
faceted. Women, children (as young as four
months as well as grandmothers
aws

old as 92 are
survivors of this violent crime, in increasing numbers.

This occurs either in the hands of relative’s neighbors,
care givers as well as strangers.

POLITICAL INFLUENCES: WHAT WENT WRONG?


It is well documented that communities that have
experienced high levels of oppression and violence to
mention but a few (African American, Maori
-
New
Zealand, and Aboriginal
-

Australia) continue to
experience high levels of violence including gender
-

based violence. Atkinson & Atkinson note that in
many instances, the pain of colonization has been
internalized into abusive and self abusive behaviors.

The multiple layers of acute and overt violence experienced by such
communities at the hands of the colonial state can lead to complex
expressions of rage, within and across generations (Laing 2002 : 19)


The system of Apartheid was a deliberate attempt to subordinate and
oppress the majority of South Africans, undermining their identity and
cultural and social infrastructure. the fragmentation that exists in the
community is indicative of the fragmentation of identities of
individuals...(Foster 1994; 4444
-
5) The use of violence by the apartheid
state and in the struggle against apartheid further reinforced its use as a
legitimate form and expression of opposition (Harper 2003)


With South Africa's long history of
colonisation,followed

by an internal
system of racial oppression since 1948, entire communities were
systematically attacked and oppressed, which may account for the high
levels of domestic and sexual violence against women and is not merely a
post apartheid occurrence. It appears to have always been part of South
Africa's social fabric in all cultures and racial groupings; it was just not
addressed.

During apartheid, violence against women in the black community was
often placed on the back burner as the focus was on the struggle for
freedom. Violence in the white community was also silenced
-

especially
incest and marital rape. The white community had to have an image of
'decency' and 'civilization' (Harper, 2003
).


In addition, the history and experience of
instititutionalised

violence
through the apartheid state points to the need for caution in focusing
interventions solely at the institutional level through criminal justice
reforms. This effort must be matched by interventions at the individual,
community and overall societal level, which challenge dominant attitudes
and values that perpetuate gender based violence.

This is borne out by the ongoing levels of gender based
-

violence, even
with extensive gender machinery, and progressive laws, policies and
programmes

in place. As Foster notes; the responsibility for eradicating
violence against women lies not with government alone but with
communities and the entire South African society... We cannot legislate
change social justice and social; change requires more than laws and
policies ( Foster 1994;4
).


Solving the problem requires a transformation of the way we think about
gender identity, sexuality and the place of women and men in our
democracy. It further requires an examination of the interaction between
attempts to introduce a new human rights culture and efforts to rebuild a
conception of traditional pre colonial culture. It is a daunting task, but it can
be tackled. The strategies of dealing with gender based violence are legal,
economic, social, cultural and individual, and located within all levels of
society.
Many within the state and civil society have thrown their
considerable weight into finding solutions.

THE SOUTH AFRICAN GOVERNMENTS’ RESPONSE TO THE SCOURGE OF GENDER
-

BASED VIOLENCE


The National Council on Gender
-

Based violence was established in 2012 to address
the brutality committed against defenseless women and children in our country.
Delivering the state of the nation address in parliament during February 2013,
President
Zuma

reflected:

The brutal gang rape and murder of
Anene

Booysen
, and other women and girls in
recent times has brought into sharp focus the need for unity in action to eradicate
this scourge
.


The President expressed his dismay at the level of violence against women and
children saying that ' once implemented (the two Bills) the law will assist women
and children who are often victims of these heinous crimes (rape and murder) The
government, the President said, has added the two mechanisms (the two Bills) to
protect women and children " I have directed law enforcement agencies to treat
these cases with utmost urgency and importance. The Family Violence Child
Protection and Sexual Offenses Units (FCSU's) which were re
-

established in 2010
have increased personnel" said President
Zuma

in his speech as he told the
audience that the FCSU's units achieved more than 363 life sentences in the last
financial year, with a conviction rate 73% for crimes against women above 18 yrs
and 0% for crimes against children under 18 yrs of age.

In this regard Mr.
Radebe
. The minister of Justice and Constitutional Development
(
Phosa

2013:4)
pointed out that government has ensured that South Africa will see
22 revamped sexual offenses courts up and running before the end of this year after
government task team found these were needed as a matter of urgency.


Releasing findings by the ministerial advisory task team on the adjudication of
sexual offenses, Justice and Constitutional Development Minister Jeff
Radebe

said
the resuscitation of the specialized courts was a step in the right direction,
considering the country's high incidence of sex crimes.

The task team made an unequivocal finding in its report that South Africa still needs
sexual offences courts.

In addition 35 more courts would be set up in the next 3 years bringing to 57 the
number of specialized courts in the country.


In addition, Deputy President makes a call to all good men thus:


South African men should guard against classification which results in prejudices
directed to women. Addressing the National Men’s Rally at the Johannesburg
Stadium on 23 August, Deputy President
Kgalema

Mothlanthe

said men should stop
taking refuge behind culture as it perpetrated gender based violence.

WHAT WOULD IT TAKE FOR WOMEN TO BE FREE OF INJURY AND LIVE
WITHOUT FEAR FOR THEIR SAFETY


Hawthorne (2010: 5) points out that:


1. It would take a wholesale shift in men’s attitudes towards women?

2. It would take men disavowing their loyalty to patriarchy and to the
institutions that support it, including racism, heterosexism, and
discrimination based on marginalizing people for reasons of bodily
formation, mobility, age, ethnicity, religious beliefs and culture
-

without
supporting cultural or sexual relativism.

3. It would take men recognizing their accountability for their own and
other men’s actions.

4. It would take shutting down the military industrial complex, beginning
with a ban on small arms.

5. It would take respecting women and fostering the space for women to
live in our bodies freely.


6. It would take ending the assumption that women’s bodies are for men’s
use
-

whether for sex labor, domestic service or emotional support.

7. It would take respecting children and their growth into adults not
burdened by childhood violation and violence.

8. It would take the development of a social and political ethic that resists
privileging power.

9. It would take unthinking the possibility of patriotism and the use of
women’s bodies as property.

10. It would take the development of politics that respects and
honours

the
lives of the living beings among whom we live (Hawthorne, 2002)

11. It would take respecting the earth as a bio/diverse eco/social system in
which profiteering at the expense of life
-

plants,animals,the

soil, rocks, the
sea’s, the atmosphere and their inhabitants
-

is socially sanctioned and
subject to international inspections with penalties.


CONCLUSION & RECOMMENDATIONS



Senior Researcher Andre Gould (2013:21) writing on the “War The Country Cannot
Win: He advises on three interventions that research has shown to work in reducing
violence and that do not involve the Police.



RAISE ALCOHOL TAXES

There is compelling international evidence that increasing the tax on alcohol
reduces homicide, rape and assault;



SUPPORT PARENTS AND CHILDREN

Studies of parenting
-
support
programmes
, parents and children, have been shown
to reduce aggression, violence and arrest rates of troubled children. A large body of
evidence tells us that babies who develop close loving relationships with their
mothers are more likely to develop into healthy adults; and



OTHER THERAPY TO YOUNG PEOPLE WHO COMMIT CRIME

Intensive therapy
programmes

for young offenders have been shown to reduce
arrest rates among those who receive the treatment.



These are only three of the many positive interventions that have been proven to
reduce violence and crime in the long term. Government would be wise to invest in
these
programmes
.

REFERENCES


R
Jewkes

et al., Gender inequitable masculinity and sexual entitlement in rape perpetration South Africa: findings of
a cross
-
sectional study
PloS

One, 6(12), 2011; M
Mahisa
, R
Jewkes
, C Lowe
-
Morna
, K Rama,
The war at home
,
Johannesburg:
Genderlinks
, 2011.

G Barker, JM Contreras et al.,
Evolving men: Initial Results from the International Men and Gender Equality Survey
(IMAGES)
,
Wahsington

DC, International Center for Research on Women, 2011.

RT
Naved
, H
Huque

et al,. Men’s attitudes and practices regarding gender and violence against women in
Bangladesh, Preliminary findings, Dhaka: ICDDR,B,2011.

K Wood,
Contextualising

group rape in post
-
apartheid South Africa,
Culture, Health & Sexuality
, 7(4) (2005), 303
-
317; J
Wojcicki
, “She drank his money”: survival sex and the problem of violence in taverns in Gauteng province,
South Africa,
Medical Anthropology Quarterly
, 16, 2002, 1
-
28.

R
Jewkes

et al., Gender inequitable masculinity and sexual entitlement; R
Jewkes

et al., Understanding multiple
perpetrator rape by youth in the rural Eastern Cape: a comparison of men who perpetrate rape, rape alone and
never rape, under review.

Sexual Offences Act 23 of 1957
. Please see:
http://www.justice.gov.za/legislation/acts/1957
-
023.pdf
.

L
Vetten

et al., Tracking Justice: The Attrition of Rape Cases Through the Criminal Justice System in Gauteng.
Tshwaranang

Legal Advocacy Centre: Johannesburg, 2008.

Statistics South Africa. Census 2001, 2003,
http://statssa.gov.za/census01/html/C2001publications.asp

(accessed 17
July 2012).

Wood,
Contexualising

group rape in post apartheid South Africa, 303
-
317; R
Jewkes
, K
Dunkle
, MP Koss, J Levin et
al., Rape perpetration by young, rural South African men: prevalence, patterns and risk factors,
Social Science and
Medicine
63, 2006, 2949
-
61.

Wood,
Contexualising

group rape in post apartheid South Africa, 303
-
317.

Machisa

et al.,
The war at home
, 51.

R
Jewkes

et al., Gender inequitable masculinity and sexual entitlement, 3.

Jewkes

et al., Gender inequitable masculinity and sexual entitlement; Wood,
Contexualising

group rape in post
apartheid South Africa; 303
-
317;
Wojcicki
, “She drank his money”, 1
-
28.

Machisa

et al.,
The war at home
, 51.

Jewkes

et al., Gender inequitable masculinity and sexual entitlement, 5.