South African Police Services (SAPS) Country Address (SONA) Thuthuzela Care Centers (TCC). CHALLENGES FACED BY CHILD VICTIMS IN THE COURTS IN THE SOUTH AFRICAN REGION: A REVIEW OF THE SOUTH AFRICAN LEGAL FRAMEWORK AND.
INTRODUCTION 1.1 Introduction
- Background
- Statement of the problem
- Rationale
- Research aims and objectives
- Research Questions
- Research Methodology
- Preliminary literature review
- Chapter Breakdown
The nature of the investigation is to examine the services provided by criminal justice officials to child victims. A sound legal framework for the protection of children in South African courts will be looked at.
This chapter is the preview of the research study and consists of a Statement of the problem, Rationale, Research objectives, Research Questions, Research Methodology,
The legislation providing protection to child victims nationally and internationally will also be examined. The South African legal framework regarding the protection of children in South African courts will be identified and legislation, legal journals, court decisions and textbooks will be consulted.
The second chapter includes an overview of the phenomenon of secondary victimisation of child victims when accessing legal platforms, child victims reporting sexual
This chapter encapsulates the overview of the legal framework that is in place to protect child victims, from the reporting of the case and during court proceedings in the South
Chapter Four focuses on the concept of a multidisciplinary approach from the genesis of the sexual offence reporting regarding child victims, all the way to the court
Chapter timelines
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CHALLENGES FACED BY CHILD VICTIMS IN SOUTH AFRICAN COURTS
Introduction
54 Bekink, M The Protection of Child Victims and Witnesses in a Post-Constitutional Criminal Justice System with Specific Reference to the Role of an Intermediary: A Comparative Study, PhD Thesis, UNISA 2016 available at. Untrained court officials handling cases involving child victims could be a contributing factor to the problems faced by child victims in South African courts.
Definitions
- Sexual offence against children
- Child
- Children with disabilities
- Multi-disciplinary Team
on the right of the child to have his or her best interests treated as a primary concern7. The perpetrator must be “identified, apprehended, prosecuted or convicted; and regardless of the consanguinity between the offender and.
Secondary victimisation .1 Introduction
- Potential faults within the criminal process
- Consequences of secondary victimisation
- Causes of secondary victimisation
For example, the admissibility of DNA evidence does not require the testimony of the child victim. It is the court official's job to prepare the child before appearing in court to testify.
Reporting sexual offences
- Police responsibilities toward child victims
- Duty to report knowledge of a sexual offence committed
The environment must be conducive enough for the child victim to feel at ease and to disclose all the information that could lead to the arrest of the perpetrator. It can also be reported by the victim himself or any other person who is aware of the offense is obliged to report it. The police officer or investigating officer must have a two-way communication with the court and be able to provide accurate information to the child victim.
The South African Police Service is “in most cases the initial entry point into the criminal justice system and is therefore responsible for ensuring that victims of crime, especially sexual offences, and other serious and violent crimes, are provided with a victim. -friendly service.”92.
Withdrawal of cases regarding sexual offences
All departments and all stakeholders, including professionals dealing with cases involving children, must be trained and must be assessed for competence before being involved in helping child victims. The Sexual Offenses Act, however, compels all citizens (ie all persons living in SA who are entitled to the rights promised by the Constitution in terms of Article 3) who know of child sexual exploitation to report the crime to the police. .103. If the matter involves a family member, families often try to resolve the matter themselves.
Once the case has been reported, relatives sometimes agree to withdraw the case to protect their family's image.
The failure to report and underreporting
Sometimes, the victim's family intervenes and forces the child victim not to reveal such an ordeal. As a result, even if the case is reported, it may be delayed as family members would not want to resolve the issue and thus the child remains vulnerable to the circumstances. Abuse is less likely to be discovered in cases where it is more severe, of longer duration and when the abuser is known to the child."110.
This leaves the child victim vulnerable and often in close proximity to the abuser and the child victim is also denied the opportunity to receive professional advice.
Consequences of reporting
However, it was found that "while some children had positive experiences of various interventions, some experienced professionals as unhelpful and inclined to side with adults, rather than listen to the child's side of the story."118 Thus victims should be made aware of rights, for example, if their case is dealt with by an officer of a different gender than the victim, they should be informed that it is their right to ask to be assisted by an officer of the same gender, or gender of the victim's preference. . Different experiences were also found in the legal system] where some victims felt that the police were supportive and sympathetic, while others found the thought of testifying in court frightening as they felt they had less power over the whole situation.”119 Children of others felt that "The police were incompetent and found it intimidating and uncomfortable to talk to them, or that they were pushed to give details they were not ready to give."120 Therefore, it is of great importance that system officials criminal justice to use a child-centred system. approach when dealing with cases involving children. This means that anything they do must be in the best interest of the child.
All professionals dealing with cases involving children must be trained and competent in this area.
Impact of a failure to report
However, it was found that "while some children had positive experiences with various interventions, some professionals were seen as unhelpful and inclined to side with the adults instead of listening to the child's side of the story."118. Therefore, victims should be made aware of their rights, for example, if their case is handled by an officer of a different gender than the victim, they should be informed that it is their right to request the assistance of an officer of the same gender. , or the gender of the victim's desires. Child victims were found to have “varying degrees of both beneficial and harmful. post-disclosure experiences.
Therefore, it is paramount that criminal justice officials take a child-centered approach when handling cases involving children.
Protection of child victims from experiencing secondary victimisation when reporting sexual offence cases
- Victim Empowerment
- Protecting the child within the court environment
- Protecting the child victim outside the court environment
Despite this change, victim empowerment and support remains a priority of the South African Government.'128. One of the most important of these needs is the need to protect the child from further trauma. The rights of the accused are clear and distinct160 but the protection of the child victim is decisive, whether he or he is in court or not.
162 See the preamble to the Criminal Law (Sexual Offenses and Related Matters) Amendment Act, 32 of 2007.
Conclusion
They offer their support to child victims to help them feel comfortable and understand legal proceedings. Each Family and Child Support (FCS) cluster should be staffed with a forensic social worker for effective service delivery. Furthermore, it states that forensic nurses should be deployed in all areas where there were no TCCs.167.
There was a need for Afrikaans-speaking forensic social workers in Gauteng, Limpopo, the Eastern Cape and KwaZulu Natal, further saying that load shedding, the Covid 19 pandemic and a lack of in-house skilled laboratory technicians to provide services and instrument calibration also posed challenges in eliminating arrears.168.
OVERVIEW OF THE LEGAL FRAMEWORK 3.1 Introduction
- The Constitution of the Republic of South Africa, 1996
- The rights of victims
- Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (SORMA)
- Children’s Act, 38 of 2005
- Criminal Procedure Act
- Witness Protection Act 112 of 1998
- International law
- United Nations Convention on the Rights of the Child (1989) (UNCRC)
- The African Charter on the Rights and Welfare of the Child
- Conclusion
The child victim must therefore not testify in the presence of the accused. However, it should be noted that the African Children's Charter is not against the UN Convention on the Rights of the Child. One of the most important features of the African Children's Charter is that the best interests of the child are taken first.
200 Viljoen, F 'African Charter on the Rights and Welfare of the Child' in Boezaart, T (Ed) Child Law in South Africa Juta: Claremont (2009).
A MULTI-DISCIPLINARY APPROACH 4.1 Introduction
Victim support
Victim Support aims to help child victims of sexual assault and all other victims of crime and violence. Thus, child victims of sexual offenses require a great deal of support from all interested parties, from the reporting of the case, following court proceedings to the final decision of the court. Government and non-governmental organizations must work together because, in South Africa, victim support services for child victims are mainly provided by non-governmental organizations.
208 "Batho Pele refers to the culture of putting people first, where customers are a priority in providing services.".
Victim empowerment
Thus, child victims of cases of sexual assault are particularly vulnerable victims who require special care and empowerment both because of their age and because of the nature of the crimes they have been subjected to. The ongoing campaigns addressing gender-based violence212 and the support they receive show the prevalence of the problem.
- South African Police Services (SAPS)
- SAPS Investigation role
- Referral service in the SAPS
- Department of Social Development (DSD)
- Restorative Justice
- Department of Health
- Thuthuzela Care Centres
- Department of Justice (DoJ)
- Admissibility of evidence in sexual offence cases
- Evaluation of Evidence
- Competent witnesses
- Department of Correctional Services (DCS)
The court relies on the evidence and statements provided by the investigator which contribute to the conviction of the author. Professionalism, competence and respect for child victims are the greatest concerns in providing such a service. This has a lot to do with the child witness's ability to clearly recall the crime event.
Every opportunity should be taken to improve the child's self-confidence and ability to testify.
Conclusion
However, this is misleading.265 The real question is whether the Thuthuzela care centers support the argument that an interdisciplinary approach improves the service offered to child victims. 262 Process evaluation of NGO services at Thuthuzela care centers available at htpps://www.nacosa.org.za/wp- content/up;oads/2018/09/GBV-Evaluation-Report-Web.pdf, accessed on 21 December 2021. 265 The scope of this thesis does not include an analysis of the Thuthuzela Care Centres.
Only 30% of victims were screened at Thuthuzela Care Centers (TCC) and other crisis centers.” Available at.
CONCLUSION 5.1 Introduction
- Summary
- Findings
- Recommendations
- Conclusion
Improved protection of the child victim in and out of court should be of crucial importance. Lloyd, "Evaluation of the African Charter on the Rights and Welfare of the Child and the African Committee of Experts: Raising the gauntlet" International Journal of Children's Rights. USAID Final Report on the Adherence Assessment of the Thuthuzela Care Centers with National Department of Health Guidelines for the Management of HIV in the Context of Sexual Assault.
USAID "Final Report on the Assessment of Compliance of Thuthuzela Care Centers with National Department of Health Guidelines for HIV Management in the Context of Sexual Assault", (2007) 5.
