Rape stats not improving, court stats even worse
The recently released crime statistics indicate a slight drop in the number of reported cases of sexual offences, from 66 387 in 2012/13 to 62 649 in 2013/14. Over the course of the past few years, the trend has been to drop, then increase again and then drop again at different points in time. In 2004/05, for example, there were 69 117 reported cases. By 2007/08, this had dropped to 63 818. In 2008/09, it increased again to 70 514, dropped to 64 514 in 2011/12 and then increased to 66 387 in 2012/13.
The pattern that emerges is not one of a steady decline as a result of a coherent, targeted strategy to eradicate sexual offences. Equally concerning, is the fact a small fraction of the total number of reported cases eventually go to court. In 2007/08, 6.8% of the total number of sexual offences went to court. Of the total number of cases reported to the police, 4.5% resulted in convictions. This improved marginally in 2008/09, when 7.5% of the total cases reported went to court and 5% of the total cases reported resulted in convictions. For the next two years, there was no reporting on the related statistics. In 2011/12, there was a marginal improvement with 10.7% of the total number of reported cases going to court and 6.97% of the total cases reported resulted in convictions. The subliminal message is abundantly clear – a rapist has to be extremely unlucky to get convicted.
The reasons for the vast majority of sexual offences cases not going to court varies. Some cases are eventually withdrawn by the victim, largely as a result of secondary victimisation in the criminal justice system. In other instances, the National Prosecuting Authority will drop a case if it seems as if though there is not enough evidence to support it. This is a contentious matter as forensic evidence is an important part of deciding whether or not a case can potentially be won in court. Yet, there are significant delays in securing forensic evidence and even where it is secured, the accused can argue that sex was consensual.
We need new strategies
The fact that there is no coherent, inter-departmental strategy on the part of the state to deal with rape is one of the main reasons why we see no real improvement in addressing the issue of rape.
Much of the state and media discourse in this regard has focused on the notion of protectionism, namely, that women need to be kept safe from harm and navigate their way cautiously in public spaces, particularly at night. Embedded within this narrative of danger is the underlying view that “bad” women ask for trouble, and that women who conform to the tacit rules of how to dress, where to walk, when to be out etc., will be “safe”. Restrictions on women’s mobility are therefore sanctioned by rationalizing that it is in the interest of their safety.
Yet, rape has confounded this myth. Even “good” women who conform to the rules have been raped and the disproportionate focus on the danger to women in public spaces appears to ignore the reality that women seem to face more violence in private rather than public spaces.
Furthermore, the language of protection and safety is couched within a problematic framework of concern for women’s sexual virtue. It obliterates the fact that the everyday acts of violence such as catcalls and comments directed at women on the streets are linked to more brutal forms of violence such as rape. These daily, repetitive acts of intrusion and harassment which women are expected to take in their stride, creates the kind of social context where more brutal forms of harassment can take place.
In the longer term, the better strategy is for women to enhance their claim to public spaces as notions of protectionism and keeping women safe ultimately limit life choices and restrict mobility. This in itself can be seen as a form of violence. In the process of doing this, violence is something that needs to be contended with and addressed at its roots, that of structural social inequity. This will require that we think differently about violence against women – placing it not in opposition to risk and pleasure, but alongside them and understanding what these terms mean in their own right and when connected to each other.