**
Policing of
Gender Based
Violence
in
South Africa
- Colonel Anneke Pienaar -
Policing of Gender Based Violence in South Africa
**
Introduction
Focus of presentation:
1.
International Obligations
2.
National Obligations
3.
Policing of the crimes
Policing of Gender Based Violence in South Africa
**
1.
•
International Obligations
South Africa
•
•
•
Signed and ratified several
instruments
Reflected in legislation
Examples
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:
**
Policing of Gender Based Violence in South Africa
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
**
Policing of Gender Based Violence in South Africa
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
Policing of Gender Based Violence in South Africa
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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:
**
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
**
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
Policing of Gender Based Violence in South Africa
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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:
**
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
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:
**
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
Policing of Gender Based Violence in South Africa
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2.
National Obligations
• Common Law Offences
• Legislation (Acts)
Policing of Gender Based Violence in South Africa
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Common Law Offences
Examples:
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•
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Assault
Murder
Kidnapping
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Rape
Indecent Assault
Incest
(changed as from 16 December 2007)
**
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)
**
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)
**
Policing of Gender Based Violence in South Africa
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
**
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:
o Arrest of the alleged offender without a
warrant of arrest
o Application/issuing of a Protection
Order – Magistrate’s Court
o Seizure of arms & dangerous weapons
o Offences – E.g. failure to comply with
the provisions of the Protection Order
**
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 2007 - 66 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
**
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
Policing of Gender Based Violence in South Africa
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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
Policing of Gender Based Violence in South Africa
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Children’s Act, 2005 (Act No 38 of
2005)
•
Sec 1 - Defines “child”
•
Sec 7 & 9 - Best interest of a child
**
Policing of Gender Based Violence in South Africa
Children’s Act, 2005 (Act No 38 of
2005)
•
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
**
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
**
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
**
Policing of Gender Based Violence in South Africa
Protection from Harassment Act,
2011 (Act No 7 of 2011)
• Defines concepts
for example “harassment”
• Application and issuing of Protection
Orders
**
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
**
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
**
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)
Policing of Gender Based Violence in South Africa
**
3.
Policing
•
Proactive / Prevention
•
Reactive / Investigation
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Policing of Gender Based Violence in South Africa
Proactive Policing / Crime Prevention
Visible Policing
• Different programmes
**
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
**
Policing of Gender Based Violence in South Africa
Reactive Policing / Investigation
Detective Service
• Police stations
Family Violence, Child Protection and
Sexual Offences (FCS) Units
**
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
Policing of Gender Based Violence in South Africa
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Reactive Policing / Investigation
Forensic Social Work
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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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Policing of Gender Based Violence in South Africa
Reactive Policing / Investigation
Overview:
Basic principles of investigation
of gender based crimes
**
Policing of Gender Based Violence in South Africa
Reactive Policing / Investigation
Focus
• Reporting of crimes
• Initial investigation
• Follow-up investigation
**
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
Policing of Gender Based Violence in South Africa
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First Response
• Immediate attention
• Sensitivity
• Medical assistance
• Safety
•
Detective / FCS member
**
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)
**
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
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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
Policing of Gender Based Violence in South Africa
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Statements
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Victim
Reporter
Support person
Person accompanying victim
Witnesses
Police officials
Experts
Impact statement
**
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)
**
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
Policing of Gender Based Violence in South Africa
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Medical examination: Offender
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Same principles
Purpose
Record of injuries
Collection of physical evidence /
reference samples
Policing of Gender Based Violence in South Africa
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Crime scene: Processes
Six (6) basic processes:
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Control
Preserve
Observe
Search
Tracing sources of information
Utilisation of investigation aids/experts
Policing of Gender Based Violence in South Africa
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Prosecution
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Prosecutor’s decision
Consultation
Testify
Cooperation:
Prosecutor / Investigating officer
**
Policing of Gender Based Violence in South Africa
Conclusion
Knowledge of Obligations
Brief overview of the different investigation
processes
**
Thank you
**
Colonel Anneke Pienaar
Family Violence, Child Protection
and Sexual Offences Investigations
+27+(0)12 393 2017
+27+(0)82 778 5619
pienaara@saps.gov.za
**
Head:
Family Violence, Child Protection
and Sexual Offences Investigations
Major General MY Botsheleng
+27+12 393 2107
Head.fcs@saps.gov.za