SARAH BAARTMAN LEGAL ADVICE AND TRAINING PROJECT Gender Project, Community Law Centre, UWC & Saartjie Baartman Centre for Women and Children

ASPECTS COVERED IN SUBMISSION Context of legislation Rights of sexual assault victims Standards for management of sexual assault cases National policy framework Bail in sexual assault cases Defining rape and indecent assault

CONTEXT Sexual assault different from other violent crimes  requires differential treatment, eg protective measures Duty on SA state to reform sexual assault law – within specific normative framework outlined in international instruments Please see p 5-8 of submission

RIGHTS OF VICTIMS ‘If he has a lawyer, who’s going to be my lawyer?’

RIGHTS OF VICTIMS Why? Scope of rights See proposed clause on p 14

STANDARDS FOR MANAGEMENT OF SEXUAL ASSAULT CASES National instructions or policy directives are not strong enough to ensure proper compliance with acceptable standards Ideal: statutory duties (e.g. Domestic Violence Act) Alternative: enabling clause in Bill requiring drafting of binding standard- setting instruments – promulgated as Regulations

NATIONAL POLICY FRAMEWORK Currently: fragmentised approach Need for inter-sectoral approach SALRC proposal provides contents and process Numerous examples of duties on executive in recent legislation ‘Restorative’ or ‘protective’ legislation

BAIL IN SEXUAL ASSAULT CASES Currently: no provisions in Bill Areas of concern: -Factors considered by court in deciding on bail -Focus of bail investigation -Intimidation and harassment of the victim Amendment of s 60(4) of the CPA - p 28

RAPE & INDECENT ASSAULT Consolidate three penetrative offences into one offence of rape Delete provision regarding prima facie unlawfulness Delete failure to disclose life- threatening STI Delete provision regarding common law defences

RAPE & INDECENT ASSAULT (2) Redefine common law definition of indecent assault Compelling or inducing indecent acts Compelling or inducing acts that cause penetration ‘Abuse of power or authority’ Proposed redefinition on p 42-43

‘ The Courts are under a duty to send a clear message to the accused in rape cases, to other potential rapists and to the community that the Courts are determined to protect the equality, dignity and freedom of all women, and they will show no mercy to those who seek to invade those rights.’ [S v Chapman SA 341 (SCA)]