SEXUAL OFFENCES & COMMUNITY AFFAIRS UNIT (SOCA)

Annual Report 2001- 2002Adv Thoko MajokweniSpecial Director of Public Prosecutions

IntroductionThe SOCA unit was established in September

1999.The unit is divided in 4 Sections:

– Sexual offences, – Domestic Violence,– Maintenance and– Child justiceThe staff compliment comprises of 11 African

Females, 2 Coloured Females, 2 Indian Females and 4 White Females. The male personnel are made up of 8 Blacks, 1 Coloured, 5 Whites and 1 Indian, thus bringing the total to 34 staff members.

70 Maintenance prosecutors and 10 senior maintenance prosecutors are in the process of being appointed.

ObjectivesThe improvement of the conviction rate in

cases of violence against women & childrenThe systematic reduction of primary

victimization and the prevention of secondary victimization within the criminal justice system as experienced by victims of crimes of violence and indecency against women and children

To increase the diversion of child offenders away from the criminal justice process ensuring their exposure to rehabilitative as opposed to solely punitive programmes/measures

To ensure access to child support and thus deal with the feminization of poverty

Improving the capacity and number of specialist prosecutors

• Basic Training• Plan was to train no less than 90 prosecutors within period Feb

2001 – Jan 2002. This number exceeded by 38 Prosecutors• Child Pornography workshop held on 28 May – 01 June 2000

(47 delegates compr. of 27 prosecutors & 20 police officials)

Together with ICITAP (US Dept. of Justice) SOCA arranged the following training courses• Sexual Assault Forensics – 6 July 2001 (58 participants)• Gang Investigations – July – Aug 2001 ( 60 delegates, incl. 9

pros., 4 mag. & officials from Dept of Correctional Services)

• Domestic Violence – Aug 2001 (34 delegates)• Sex Crime Investigations – Aug 2001 (27 participants incl.

28 prosecutors)• Intersectoral training on child abuse and neglect – Nov 2001

(170 delegates, incl. 38 pros)• Advanced Skills Training in Prosecuting the Child Sex Offender

– Dec 2001 (33 prosecutors)Feedback received was extremely positive – seeing the results in

the surveys that have been conducted by IDASA & other Research institutes.

KEY AREAS OF INTERVENTIONSexual Offences Courts and their operalisation: For the past 4 months,

the statistics for some of the Sexual Offences courts were as follows:

PAROW: 23 cases finalized; 14-guilty; 9-not guilty; 23 cases withdrawnCAPE TOWN: 13 cases finalized; 8-guilty; 5-not guilty; 8 cases withdrawnWYNBERG: 27 cases finalized; 19-guilty; 8-not guilty; 10 cases withdrawnKIMBERLEY: 44 cases finalized; 26-guilty; 18-not guilty; 13 cases withdrawnPRETORIA: 17 cases finalized; 13-guilty; 4-not guilty; 37 cases withdrawnWEST RAND: 19 cases finalized; 12-guilty; 7-not guilty; 12 cases withdrawnBLOEMFONTEIN: 27 cases finalized; 19-guilty; 8-not guilty; 9 cases

withdrawnWELKOM: 49 cases finalized; 27-guilty; 22-not guilty; 34 cases withdrawnPORT ELIZABETH: 31 cases finalized; 26-guilty; 5-not guilty; 22 cases

withdrawnTHOHOYANDOU: 30 cases finalized; 16-guilty; 14-not guilty; 5 cases

withdrawnUMTATA: 26 cases finalized; 14-guilty; 12-not guilty; 2 cases withdrawn

During the current financial year, Specialist Sexual Offences Courts will be established and made operational in the following areas:

NELSPRUITUMTATAUMLAZITHOYOHANDOVOSLOORUSGEORGE

Establishment of Multi-Disciplinary Care Centres

The Thuthuzela Care Centres were established to provide for victims of sexual offences to report cases in a private and decent environment

When medical examinations are done, the proper protocol has to be followed, the said protocol having been designed to guide even trainee doctors in the examination of victims and the management of physical and forensic evidence (damage control)

New Sexual Assault Evidence Collection Kits were introduced to assist during collection of physical evidence and with training of doctors and prosecutors on the use of the new kits. In Umtata, 25 participants (including prosecutors, doctors, social workers) have received training on this

The following Care Centres have been established:TCC Manenberg, Cape Town – launched in June 2000: (935 matters having passed here)TCC Nyandeni, Eastern Cape – launched on 11 July 2001: (70 matters having passed here)TCC Mdantsane, Eastern Cape – launched on 12 July 2001:(246 matters having passed here)

CAPACITY DEVELOPMENT Multi-disciplinary Training Manual (for Sexual

Offences)Objectives

– To highlight substantive and procedural changes to present Sexual Offences Laws brought about by case law and legislation. This Bulletin will also take into account changes brought by the SALC in reforming the sexual offences legislation

– Designed to be an excellent practical guide and credible academic work

– To assist in deconstructing outdated stereotypes that exist (within the various role playing progressions) concerning Sexual Offences

Will take form of: loose-leaf publication that will be updated on a regular basis

Quarterly Bulletin on Sexual Offences– Will contain quarterly updates of latest developments

in this specialized field as a desk reference for prosecutors

– First installment completed and is currently being distributed

Domestic Violence Multi-disciplinary training manual

Objectives–To familiarize participants with social context iro DV

–To inform participants of laws and policies applicable

–To provide an understanding of roles and responsibilities of all role players in Justice System

–To educate on the need to support victims and to encourage information sharing between role players

–To encourage early intervention and prevention of recidivism

•Victim Assistance programme•Focuses on needs of victims

•Plan to recruit 6 VAP workers as a trial exercise

•Make follow-up on victims after reports made, assess needs of victims, make referrals, educate victims about her rights,liaise with prosecutor & investigating officer, familiarize victim with court environment and processes. Prepare them for court – both sexual offences and domestic violence victims – HOPING TO REDUCE THE HIGH WITHDRAWAL RATE

Public Awareness•Workshops held to highlight issues pertaining to sexual offences, domestic violence and maintenance

•To date, campaign has reached +- 1420 women in 9 provinces

•Great success and positive feedbacks received – only downside is attracting a lot of complaints directed to our office

•

MaintenanceDuring 2001, the need to create a dedicated and trained pool of specialized maintenance officers was recognized –It will please the committee to know that 70 maintenance and 10 senior maintenance prosecutors have been recruited nationwideIntervention – individual intervention in matters nationwide. They will be giving effect to the paramount nature of the rights of children and will add focused and specialized attention to maintenance matters nationwide

Child JusticeMajor projectTraining of prosecutors and other stakeholders on diversion: 248 participants, incl. 172 prosecutorsWe continue to audit how many children we are able divert away from the CJS & we keep tabs on those that are in our prisons awaiting trial

Special Project Juvenile Court, Regional Court, Durban (YOC’s)

Durban Westville Prison has highest number of trial-awaiting children (on 28 May, number was 712 children awaiting trial )Prosecution-driven projectOctober 2001-April 2002 : 99 cases finalized through this courtProject very successfulAlso Verulam (KZN) – not as successful as in Durban, various stakeholders not as involved

Development of Anti-Rape strategy– Inter-Departmental Management Team (IDMT)– Chaired by SOCA, Dept. of Justice, Social Services,

Health, Social Development, Dept Of Education, Dept of Correctional Services assisted by a global strategy development consultancy, Monitor Company

Confidential

Copyright © 2002 Monitor Company Group, L.P. — Confidential — XXXCAS-COD-Prez-Date-CTL 2

Framework for Action

What is Bad?What is Bad?What is Bad?

Lack of safe place - environmental and situational

Backlog in cases

Rollout to rural areas

Lack of safe place - environmental and situational

Backlog in cases

Rollout to rural areas

What is Good?What is Good?What is Good?

Thuthuzela and Nthabiseng

Victim empowerment initiatives

Thuthuzela and Nthabiseng

Victim empowerment initiatives

What is Missing?What is Missing?What is Missing?

Segmentation of offenders

Blueprint to fix CJS for rape efficacy

Evaluation of support

Segmentation of offenders

Blueprint to fix CJS for rape efficacy

Evaluation of support

PreventionPrevention

ReactionReaction

SupportSupport

Crisis Management Investment

Balance between Crisis Management and Investment