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:
International Obligations
National Obligations
Policing of the crimes

3. Policing of Gender Based Violence in South Africa
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 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 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:
Arrest of the alleged offender without a warrant of arrest
Application/issuing of a Protection Order – Magistrate’s Court
Seizure of arms & dangerous weapons
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 Defines “child”
Sec 7 & 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, (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
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)
+27+(0)

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