Mandatory Recourse Program for Rape Survivors in South Africa: Social Work Perspective
Addressing the alarming rates of rape and sexual violence in South Africa, this paper advocates for the implementation of a mandatory recourse program to support victims and survivors. Highlighting the current lack of mandatory support for survivors, it emphasizes the importance of immediate recourse post-sentencing to assist in their healing and access to needed resources.
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MAKING A CASE FOR A MANDATORY RECOURSE PROGRAM FOR THE VICTIMS AND SURVIVORS OF RAPE IN SOUTH AFRICA: A SOCIAL WORK PERSPECTIVE Presented By Dr.Daniel Tuelo Masilo ASASWEI 2023 CONFERENCE Dmasilo@wsu.ac.za
TABLE OF CONTENTS Problem of rape inSouthAfrica Rationale for the paper Theoretical framework Reasons for the mandatoryrecourse program Beneficiaries of the program Who is liable for funding the program SocialWork Roles
THE PROBLEM OF RAPE IN SOUTH AFRICA South Africa holds the shameful distinction of being one of the most unsafe places in the world to be a woman. We have amongst the highest rates of intimate partner violence, and recently released data from Statistics SA show that rape and sexual violence have become hyper endemic (Ramaphosa, 2020). Cele, the Police Minister in his media briefing on Quarter 3 Crime Statistics on February 2023, reported that 5 935-rape incidents took place during the third quarter of the 2022/2023 financial year (Cele, 2023). While the Department of Justice and Constitutional Development (2022), reports that during the 2021/2022 financial year, courts registered 13 078 new cases of sexual offences of which 73.09% were rape cases .
RATIONALE FOR THE PAPER The purpose of this paper is to advance an argument from a social work perspective for the consideration, introduction and implementation of a mandatory recourse program for the victims and survivors of rape in SouthAfrica. This purpose is informed by the fact that courts only incarcerates the offenders of rape while there is no mandatory recourse offered to the victims and survivors of rape, except in the cases of whereby they institute litigations against the perpetrators, which is time consuming as well as has financial implications. Another motivation is that people, who face accusations of any crime including rape and when acquitted by the courts after a trial, are able to pursue recourse from the State and the accuser in terms of the SouthAfrican laws.
RATIONALE FOR THE PAPER The significance of a mandatory recourse program is that it has the potential to be implemented immediately when the court makes a pronouncement on the guilty verdict and sentencing of the perpetrator of rape. Unlike, waiting and starting a new litigation against the perpetrator, which may prolong and demand the financial resources from the victims and survivors of rape. The proposed mandatory recourse program has the potential to contribute to the attainment of Pillar 4 of the National Strategic Plan on Gender-Based Violence and Femicide (NSP GBVF 2020-2030). This pillar calls for support for the victims by the system to access necessary psychosocial, material and other support required to assist them with their healing (NSP GBVF, 2020).
THEORETICAL FRAMEWORK Empowerment approach Restorative Justice Theory
REASONS FOR A MANDATORY RECOURSE PROGRAM FOR THE VICTIMS AND SURVIVORS OF RAPE The State s legal duty to fight the scourge of rape The impact of rape on victims and survivors Age and gender of the rape victims and survivors The abuse of position of power by perpetrators of rape incidents
BENEFICIARIES OF THE PROPOSED PROGRAM Direct & Indirect victims Survivors
WHO IS LIABLE FOR THE FUNDING OF THE PROGRAM Perpetrators The State
SOCIAL WORK ROLES Advocate Educator Broker Counsellor Activist Empowerer
