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* * Policing of Gender Based Violence in South Africa - Colonel Anneke Pienaar -

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Presentation on theme: "* * Policing of Gender Based Violence in South Africa - Colonel Anneke Pienaar -"— Presentation transcript:

1 * * Policing of Gender Based Violence in South Africa - Colonel Anneke Pienaar -

2 * * Policing of Gender Based Violence in South Africa Introduction Focus of presentation: 1.International Obligations 2.National Obligations 3.Policing of the crimes

3 * * Policing of Gender Based Violence in South Africa 1.International Obligations South Africa Signed and ratified several instruments Reflected in legislation Examples

4 * * Policing of Gender Based Violence in South Africa UN Convention on the Rights of Children (UNCRC) Signed on 29 January 1993 and ratified on 16 June 1995 Examples:

5 * * Policing of Gender Based Violence in South Africa UN Convention on the Rights of Children Article 19 - Appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse

6 * * Policing of Gender Based Violence in South Africa UN Convention on the Rights of Children Article 34 - Protection of the child from: all forms of sexual exploitation and sexual abuse engagement in any unlawful sexual activity exploitation - prostitution or other unlawful sexual practices Exploitation - use of children in pornographic performances and materials

7 * * Policing of Gender Based Violence in South Africa UN Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography SA acceded to instrument on 30 June 2003 Examples:

8 * * Policing of Gender Based Violence in South Africa UN Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography Article 1 - States must prohibit the sale of children, child prostitution and child pornography

9 * * Policing of Gender Based Violence in South Africa UN Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography Article 3 - Aspects to be covered in legislation: Sexual exploitation Transfer of organs for profit Forced labour Adoption of a child in violation international law on adoption Child prostitution Child pornography

10 * * Policing of Gender Based Violence in South Africa UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) SA acceded to Convention on 15 December 1995 Example:

11 * * Policing of Gender Based Violence in South Africa UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Article 6 - States Parties shall take all appropriate measures, including legislation, to suppress all forms of trafficing in women and exploitation of prostitution of women

12 * * Policing of Gender Based Violence in South Africa UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children Trafficking SA ratified instrument on 14 December 2003 Example:

13 * * Policing of Gender Based Violence in South Africa UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children Trafficking Article 9 - Prevention of trafficking in persons

14 * * Policing of Gender Based Violence in South Africa 2.National Obligations Common Law Offences Legislation (Acts)

15 * * Policing of Gender Based Violence in South Africa Common Law Offences Examples: Assault Murder Kidnapping Rape Indecent Assault Incest (changed as from 16 December 2007)

16 * * Policing of Gender Based Violence in South Africa Legislation (Acts) Examples: Constitution of the RSA, 1996 Domestic Violence Act, 1998 (Act No 116 of 1998) Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007)

17 * * Policing of Gender Based Violence in South Africa Legislation (Acts) Examples: Children’s Act, 2005 (Act No 38 of 2005) Child Justice Act, 2008 (Act No 75 of 2008) Films and Publications Act, 1996 (Act No 65 of 1996) Protection from Harassment Act, 2011 (Act No 17 of 2011)

18 * * Policing of Gender Based Violence in South Africa Constitution of the RSA, 1996 Chapter 2 - Sec Bill of rights Section 28 – Rights of Children Chapter 11 - Sec Security Services Section 205(3) - The objects of the police are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law

19 * * Policing of Gender Based Violence in South Africa Domestic Violence Act, 1998 (Act No 116 of 1998) Define concepts, eg. “domestic violence” Makes provision, for example: o Arrest of the alleged offender without a warrant of arrest o Application/issuing of a Protection Order – Magistrate’s Court o Seizure of arms & dangerous weapons o Offences – E.g. failure to comply with the provisions of the Protection Order

20 * * Policing of Gender Based Violence in South Africa Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007) 16 December crimes Repealed Common Law Offences E.g. Rape, Indecent Assault Expanded definitions E.g. Section 3 - Rape - Sexual penetration with genital organs, other body part, object - Victim - female and male

21 * * Policing of Gender Based Violence in South Africa Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007) Created new crimes Sec 4 – Compelled Rape Sec 18 – Sexual grooming of children and (Sec 24) persons who are mentally disabled Chapter 5 – Services for victims of sexual offences and compulsory HIV testing of alleged sex offenders

22 * * Policing of Gender Based Violence in South Africa Children’s Act, 2005 (Act No 38 of 2005) 310 Sections Give effect to certain rights of children as contained in the Constitution Creates new crimes Expands definitions of crimes, Describes procedures

23 * * Policing of Gender Based Violence in South Africa Children’s Act, 2005 (Act No 38 of 2005) Sec 1 - Defines “child” Sec 7 & 9 - Best interest of a child

24 * * Policing of Gender Based Violence in South Africa Children’s Act, 2005 (Act No 38 of 2005) Sec Child in need of care and protection Sec Removal of child to temporary safe care without court order by police official or social worker Sec Issue a notice to offender to leave the house or place where child resides (in best interest of child) by police official

25 * * Policing of Gender Based Violence in South Africa Child Justice Act, 2008 (Act No 75 of 2008) Children in conflict with the law Age of criminal capacity of children Under the age of 10 years Cannot be prosecuted – alternative actions – Sec 9 10 yrs old - under age of 14 yrs 14 yrs old - under age of 18 yrs Detention & Procedures

26 * * Policing of Gender Based Violence in South Africa Films and Publications Act, 1996 (Act No 65 of 1996) Classification of publications, films, & games Sec 24B - Prohibition, offences and penalties Unlawful possess Creates, produces Imports, procures, Exports, makes available, exports, broadcasts, distributes (OR contributes or assists

27 * * Policing of Gender Based Violence in South Africa Protection from Harassment Act, 2011 (Act No 7 of 2011) Defines concepts for example “harassment” Application and issuing of Protection Orders

28 * * Policing of Gender Based Violence in South Africa SA Police Service National Instructions NI 7 of 1999 – Domestic Violence NI 3 of 2008 – Sexual Offences NI 2 of 2010 – Children in Conflict with the Law NI 3 of 2010 – The Care and Protection of Children in terms of the Children’s Act

29 * * Policing of Gender Based Violence in South Africa SA Police Service: FCS Standard Operating Procedure for the Reporting of FCS-related Crimes FCS – Family Violence, Child Protection and Sexual Offences

30 * * Policing of Gender Based Violence in South Africa SA Police Service: FCS FCS-related crimes Person directed crimes (assault, murder) Sexual Offences (rape, sexual assault) Illegal removal of persons/missing children (kidnapping, abduction) Electronic media facilitated crimes (child pornography)

31 * * Policing of Gender Based Violence in South Africa 3.Policing Proactive / Prevention Reactive / Investigation

32 * * Policing of Gender Based Violence in South Africa Proactive Policing / Crime Prevention Visible Policing Different programmes

33 * * Policing of Gender Based Violence in South Africa Proactive Policing / Crime Prevention Detective Service Awareness campaigns Child Protection Week 16 days of Activism of No Violence Against Women Lectures/talks Early identification and apprehension of offenders

34 * * Policing of Gender Based Violence in South Africa Reactive Policing / Investigation Detective Service Police stations Family Violence, Child Protection and Sexual Offences (FCS) Units

35 * * Policing of Gender Based Violence in South Africa Reactive Policing / Investigation Family Violence, Child Protection and Sexual Offences (FCS) Units (176) Sensitive service to the victims Detectives - Investigate the case Forensic Social Work – Provide investigative support

36 * * Policing of Gender Based Violence in South Africa Reactive Policing / Investigation Forensic Social Work Social Workers SA Police Service members Provide investigative support Conduct forensic assessments Provide scientifically based court reports Testify in courts as experts

37 * * Policing of Gender Based Violence in South Africa Reactive Policing / Investigation Overview: Basic principles of investigation of gender based crimes

38 * * Policing of Gender Based Violence in South Africa Reactive Policing / Investigation Focus Reporting of crimes Initial investigation Follow-up investigation

39 * * Policing of Gender Based Violence in South Africa Reporting & first responses In person Police station / FCS Unit / Detectives Telephonic report Obtain details from the reporter Dispatch a police vehicle / detective on standby

40 * * Policing of Gender Based Violence in South Africa First Response Immediate attention Sensitivity Medical assistance Safety Detective / FCS member

41 * * Policing of Gender Based Violence in South Africa Interview reporter Privacy Support person Provide information Details of case Processes Notice of services in case of sexual offence Protection Orders (Domestic Violence, harassment)

42 * * Policing of Gender Based Violence in South Africa Statements Record all information Before, During and After the incident Elements of crime Preliminary statement In-depth statement

43 * * Policing of Gender Based Violence in South Africa Statements Language Record person’s exact words Additional statement to clarify child’s terminology Child - Unable to verbalized details of incident – Forensic social work

44 * * Policing of Gender Based Violence in South Africa Statements Victim Reporter Support person Person accompanying victim Witnesses Police officials Experts Impact statement

45 * * Policing of Gender Based Violence in South Africa Statements First report witness Exact words used by the victim Details of what s/he observed Physical appearance of the victim (clothing, visible injuries) Emotional state of the victim (crying/laughing, shocked, etc)

46 * * Policing of Gender Based Violence in South Africa Medical examination: Victim Explain purpose Obtain written consent (SAPS 308) Accompany victim but not to be present during medical examination Inform victim: Return of all articles Wash or bath once medical examination is completed

47 * * Policing of Gender Based Violence in South Africa Medical examination: Offender Same principles Purpose Record of injuries Collection of physical evidence / reference samples

48 * * Policing of Gender Based Violence in South Africa Crime scene: Processes Six (6) basic processes: Control Preserve Observe Search Tracing sources of information Utilisation of investigation aids/experts

49 * * Policing of Gender Based Violence in South Africa Prosecution Prosecutor’s decision Consultation Testify Cooperation: Prosecutor / Investigating officer

50 * * Policing of Gender Based Violence in South Africa Conclusion Knowledge of Obligations Brief overview of the different investigation processes

51 * * Thank you

52 * * Colonel Anneke Pienaar Family Violence, Child Protection and Sexual Offences Investigations +27+(0) (0)

53 * * Head: Family Violence, Child Protection and Sexual Offences Investigations Major General MY Botsheleng


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