2 1100 Namibia has approximately rapes/attempted rapes per year The aim of the first three slides is to give the participants some background information about the incidence of rape in Namibia.according to the Legal Assistance Centre 2006report Rape in Namibia
3 according to the Legal Assistance Centre 2006 Sex of rape victims93%female7%maleIn the majority of cases of rape and attempted rape, the victim is a womanaccording to the Legal Assistance Centre 2006report Rape in Namibia
4 Sex of rapists99%male1%femaleIn the majority of cases of rape and attempted rape, the perpetratoris a manaccording to the Legal Assistance Centre 2006report Rape in Namibia
5 Relationship between rapist & victim 21%Relationship to complainant unknown25%Relatives, spouses, or intimate partners42%Acquaintances12%StrangersIn most cases, the victim was acquainted with, related to or in a relationship with the rapist
7 Rape is the intentional commission of a sexual act under coercive circumstances To ensure that the participants understand the definition of rape, you will need to explain the meaning of the terms “coercive circumstances” and “sexual act”. These terms are defined on the next slides.
8 What are coercive circumstances? The previous law defined rape as sexual intercourse without consentThe new law uses the term coercionCoercion is the use of force or threats of forceThis means you might be coerced to have sex, or coerced to “consent” out of fear. This is rape.
9 Examples of coercion Force Threats Being detained Being helpless SleepingIntoxicated with liquorThe victim believes that it is someone elseIntimidationThe victim has a physical disability, mental incapacity or other inability to prevent the rapeThe victim is under the influence of some drug/substance which mentally incapacitates him/her
10 What is a sexual act?The insertion of the penis into the vagina of another person, to even the slightest degreeThe insertion of the penis into the mouth or anusThe insertion of any other part of the body into the vagina or anusThe insertion of any part of the body of an animal into the vagina or anusThe insertion of any object into the vagina or anusCunninglingus (oral stimulation of the female genitals)Any other form of genital stimulationAny other form of genital stimulation. This includes stimulation of the genitals with the hand, or forcing the complainant to masturbate himself or herself.
11 Two examples of rapeIf you are starting to have sex but change your mind and your boyfriend physically forces you to continue, this is rapeIf you make someone really drunk so that your friend can have sex with them, both you and your friend are guilty of rapeCoercion comes into play at any stage3 men rape a women, each time the 2 others holding her down. Each man will be charged with 3 counts of rapeGang rape gets the highest minimum sentence – 15 years per rape – so in this case a total of 45 years in prison
12 Statutory rapeIt is automatically rape if someone under the age of 14 commits a sexual act with someone who is 3 years olderIt is also a crime if someone under the age of 16 has any kind of sexual contact with someone who is 3 years older (Combating of Immoral Practices Act)Definition of sexual contact is broader than definition of sexual actThe age gap is a form of coercion. Crimes are committed in these circumstances even if there was no other kind of coercion
13 ExamplesThis means that a 26-year-old who has sex with a 12-year-old is raping the child, even if the child consents to have sexIf a 12-year-old boy and a 12-year-old girl agree to have sex, this is not rape because they are the same age
14 Marital rape Rape can happen in a marriage If a husband forces his wife or a wife forces her husband, it is rape
15 Rape is gender-neutral Both males and females can be the victims of rapeBoth males and females can be the perpetrators of rapeMale on male and female on femaleRape can occur in men (6-8%), women, children (1/3) and marriage
16 Gang rapeIf one person forces a person to have sex with someone else, both people can be accused of rapeIf 3 men take it in turns to rape a person, it is possible for each of them to be charged with committing 3 rapes
17 Quiz: Is this rape?A girl is taken to the riverbed by her boyfriend and when they get there his friends are waiting to have sex with her. She is too scared to say no and she lets them have sex with her
18 Yes this is rape. If there a 4 people and they each have sex with the girlfriend, each person could be charged with 4 counts of rape
19 The uncle of a small girl fondles her private parts A married woman who is HIV positive has an agreement with her HIV positive husband that they will use condoms so that they do not increase their infection level. He comes home drunk and forces her to have sex without a condom
20 Yes, both are examples of rape A sexual act does not have to include penetrationA rape can happen between a man and his wife
22 Steps Do not wash Report the rape See a doctor or nurse as soon as possible.Get counselling
23 Seek help Report the rape to the police Women and Child Protection Units at police stationsare there to help rape victimsThey will collect evidence and investigate the crimeThey can take you to a hospital to get medical treatment.Go to hospital or see a doctor as soon as possibleYou will need to receive medication that will reduce the risk of contracting HIV and other sexually transmitted diseasesThe doctor can give medication to help prevent pregnancyGo to hospital or see a doctor as soon as possible, some medication will only work if taken soon after the rapeReport the rape – it could stop somebody else being rapedWCPUs have special training on how to deal with rape victimsThey will get you medical help and put you in contact with a social worker
24 Collecting evidence Wait for evidence to be taken before you change your clotheswash yourselftidy the area where you were rapedWrite down everything you can rememberBathing will wash away vital evidenceDon’t put your clothes in a plastic bag, it destroys the evidenceWriting down information will help you with your report to the police. You do not have to give a statement straight away, but you should seek immediate medical attentionKeep the details of your case number and the name of the policeman who helped youTake a change of clothes to the police stationDon’t be embarassed about giving details to the police, the information will help to convict the perpetratorIf you are afraid they will come back again, tell the police.The sooner you report a rape, the more likelyevidence can be collected that can be used in court
25 Post-exposure prophylaxis PEP is a course of antiretroviral drugs which can give help prevent HIV infection if started within hours of the rape – the sooner the betterAll rape survivors should be given PEP treatmentIt is very important for survivors to finish the month-long treatment of PEP. If they do not, the medication may not workPEP is a course of antiretroviral drugs which can give help prevent HIV infection if started within hours of the rape – the sooner the better.All rape survivors should be given PEP treatment. PEP is free for people who have been raped and cannot afford to pay. If PEP is not available at the medical centre where the survivor seeks help, the medical personnel and the police should make arrangements to get PEP elsewhere. All district hospitals should have PEP.It is very important for survivors to finish the month-long treatment of PEP. If they do not, the medication may not work.
26 Can you help Mary?Mary, a married woman, arrives at your home late at night. She is crying and very upset. Her husband lost his job that day and came home drunk and angry. He tore her clothes off and put his penis in her anus. She has never heard of this kind of sex. Normally they use a condom but this time her husband did not use one. She is torn and bleeding and doesn’t know what to do. She does not want to report her husband to the police
27 Explain to Mary that what happened was rape Be very gentle with Mary, and keep calm yourselfIf Mary does not want to report the rape, you should not try to force her to go to the policeGo with her to a hospital or clinic as she is injured. If Mary knows she is HIV negative or if she does not know her HIV status, ask the doctor to give her PEPEncourage her to talk to someone she trusts about the problem, such as a family member who could talk to the husband about his behaviourArrange counselling for Mary if possible. Be supportive, don’t tell anyone else about this situation, and continue to show that you will support her
28 Topic for discussionSome people believe that having sex with a virgin can cure HIV infectionHave you heard of this myth?If so, what can be done to inform people that it is not true?Suggest that when the group leave the workshop, they each talk about this myth with 10 other people.
29 Emotional consequences of rape Different people react to rape in different ways. Here we will discussSome common reactions and describes the stages of response which areexperienced by many rape complainants.In the following slides are some of the feelings a person who has been raped may experience
30 Anger Direct anger towards family or themselves Feeling they have lost control over their lifeDirect anger at someone else for letting it happenFeelings such as loss of control overtheir life are not uncommon; orthey may feel angry that such things asrape can happen in our society. Theymay direct your feelings of angertowards the rapist, the doctor, thepolice, family members or themself.
31 Guilt Feeling that it is their fault Could they have done wore ‘sexy’ clothesinvited the person inencouraged themCould they have donesomething to escape?They may feel guilty that the rape was their fault. They may wonder if they could havedone something to get away from the rapist or they might blame yourself for walkingalone at night, for leaving a door or window open or for inviting a “friend” into thehouse. They may also worry that you did something which unintentionallyencouraged the rapist.
32 Shame Lose their self-respect Feel dirty Fear they will be blamed Too embarrassed to admit to the rapeThe rapist may have forced them to do things which made them feeldirty and they may feel that the rape has destroyed their selfrespect. They may feel that they will be blamed for not being able to stop the rape from happening.
33 Loss of control Feel disempowered because they submitted Feel like they can’t even make small decisionsThey may feel disempowered because they had to submit tothe rapist even though the rapist used force or coercion or drugs.Even a small decision such as what to wear or what to eat maybe difficult after the rape.
34 Fear Feel afraid that it will happen again Feel unsafe all the time Feel unsafe talking to men
35 How to help a friend who has been raped Assume they are upset even if they don’t show itListen to themDon’t judge themBe supportiveWait until they are ready to talkGive them options but don’t force themTry to prevent them being alone directly after the rape
36 The consequences of rape Punished by 5, 10 or 15 years for a first offencePunished by 10, 20 or 45 years for a repeat offender
37 Evidence in courtA rape case is private – the public cannot come to the court caseThe identity of a rape survivor must not be published by the mediaThe sexual history of the victim is not relevantThe character of the victim is not relevant
38 Special duties of the prosecutor The prosecutor has a special duty to give the rape survivor information about the trialThe rape survivor should be informed if there is a bail hearingThe rape survivor has the right to give information about why the accused should not be released on bail. The Magistrate will consider this information
39 Myths about rape Rape is just rough sex If there isn’t a weapon involved, it wasn’t rapePeople secretly enjoy rape.Rape is only committed by strangers in dark alleysWHAT DO YOU THINK? .She didn’t scream or fight back so it wasn’t rapeThe victim is responsible because she was dressed provocativelyAsk the participants to respond to these statementsPeople say ‘no’’ when they mean yes.A man can’t be raped
40 RememberRape is never the fault of the victim, it is the fault of the rapist!NO MEANS NO!