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

* *

Policing ofGender Based

Violencein

South Africa

- Colonel Anneke Pienaar -

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Policing of Gender Based Violence in South Africa

Introduction

Focus of presentation:

1. International Obligations

2. National Obligations

3. Policing of the crimes

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1. International Obligations

• South Africa

• Signed and ratified several instruments

• Reflected in legislation• Examples

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UN Convention on the Rights of Children (UNCRC)

• Signed on 29 January 1993 and ratified on 16 June 1995

• Examples:

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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

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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

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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:

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Article 1 - States must prohibit the sale of children, child prostitution and child pornography

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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

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UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

• SA acceded to Convention on 15 December 1995

• Example:

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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

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UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children Trafficking

• SA ratified instrument on 14 December 2003

• Example:

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UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children Trafficking

Article 9 - Prevention of trafficking in persons

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2. National Obligations

• Common Law Offences

• Legislation (Acts)

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Common Law Offences

Examples:

• Assault• Murder• Kidnapping

• Rape• Indecent Assault• Incest• (changed as from 16 December 2007)

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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)

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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)

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Constitution of the RSA, 1996

Chapter 2 - Sec 7-39 - Bill of rights

• Section 28 – Rights of Children

Chapter 11 - Sec 198-210 - 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

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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 arresto Application/issuing of a Protection Order

– Magistrate’s Courto Seizure of arms & dangerous weaponso Offences – E.g. failure to comply with the

provisions of the Protection Order

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Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007)

• 16 December 2007 - 66 crimes

• Repealed Common Law OffencesE.g. Rape, Indecent Assault

• Expanded definitionsE.g. Section 3 - Rape

- Sexual penetration with genital organs, other body part, object

- Victim - female and male

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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

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Children’s Act, 2005 (Act No 38 of 2005)

• 310 Sections

• Give effect to certain rights of childrenas contained in the Constitution

• Creates new crimesExpands definitions of crimes,Describes procedures

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• Sec 1 - Defines “child”

• Sec 7 & 9 - Best interest of a child

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• Sec 150 - Child in need of care and protection

• Sec 152 - Removal of child to temporary safe care without court order by police official or social worker

• Sec 153 - Issue a notice to offender to leave the house or place where child resides (in best interest of child) by police official

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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

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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

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Protection from Harassment Act, 2011 (Act No 7 of 2011)

• Defines conceptsfor example “harassment”

• Application and issuing of Protection Orders

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SA Police ServiceNational 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

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SA Police Service: FCS

• Standard Operating Procedure for the Reporting of FCS-related Crimes

• FCS – Family Violence, Child Protection and Sexual Offences

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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)

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3. Policing

• Proactive / Prevention

• Reactive / Investigation

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Proactive Policing / Crime Prevention

Visible Policing

• Different programmes

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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

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Reactive Policing / Investigation

Detective Service• Police stations

Family Violence, Child Protection and Sexual Offences (FCS) Units

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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

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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

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Overview:

Basic principles of investigationof gender based crimes

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Focus

• Reporting of crimes

• Initial investigation

• Follow-up investigation

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Reporting & first responses

• In person Police station / FCS Unit / Detectives

• Telephonic report • Obtain details from the reporter• Dispatch a police vehicle / detective

on standby

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First Response

• Immediate attention

• Sensitivity

• Medical assistance

• Safety

• Detective / FCS member

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Interview reporter

• Privacy• Support person• Provide information• Details of case• Processes• Notice of services in case of sexual

offence• Protection Orders • (Domestic Violence, harassment)

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Statements

• Record all information• Before, During and After the incident

• Elements of crime

• Preliminary statement

• In-depth statement

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Statements

• Language

• Record person’s exact words

• Additional statement to clarify child’s terminology

• Child - Unable to verbalized details of incident – Forensic social work

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Statements

• Victim• Reporter• Support person• Person accompanying victim• Witnesses• Police officials• Experts• Impact statement

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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)

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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

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Medical examination: Offender

• Same principles• Purpose• Record of injuries• Collection of physical evidence /

reference samples

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Crime scene: Processes

Six (6) basic processes:

• Control• Preserve• Observe• Search• Tracing sources of information• Utilisation of investigation aids/experts

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Prosecution

• Prosecutor’s decision• Consultation• Testify• Cooperation:

Prosecutor / Investigating officer

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Conclusion

Knowledge of Obligations

Brief overview of the different investigation processes

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Thank you

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Colonel Anneke Pienaar

Family Violence, Child Protection and Sexual Offences Investigations

+27+(0)12 393 2017+27+(0)82 778 5619

[email protected]

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Head:Family Violence, Child Protection

and Sexual Offences Investigations

Major General MY Botsheleng

+27+12 393 2107

[email protected]

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