36/1/4/1/200900198
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO 1402
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 OCTOBER 2009
(INTERNAL QUESTION PAPER NO 24 - 2009)
Date reply submitted : 7 December 2009
Ms E More (DA) to ask the Minister of Police: (Interdepartmental transfer
on 23 October 2009)
1) How many rapes of minors have been reported in each of the past three
years up to the latest specified date for which information is
available, in each province;
2) (a) what (i) was the time taken from date of offence to outcome of
court trial, in each case and (ii) is the reason for the delay
provided in each of the cases that took longer than six months to
conclude, (b) how many of these cases were withdrawn by the (i)
prosecutor and (ii) parent/s and (c) what are the reasons for the
withdrawal of each of these cases;
3) whether any of the specified cases were withdrawn as a result of
(a)(i) forensic reports not being available and/or (ii) no forensic
evidence having been collected and (b) inadequate or no investigation
taking place; if so, in each case, (aa) how many cases, (bb) what are
the relevant details in each case and (cc) what action has been taken
against the relevant persons?
NW1757E
REPLY:
(1) It has to be emphasized that the concept of rape changed totally on
16 December 2007 with the implementation of the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007 (Act no 32 of 2007).
Before that date rape was defined as the vaginal penetration of a female by
a male sexual organ without the consent of the female - and in the case of
female minors irrespective of consent of the minor, as even intercourse
with consent would in such a case have constituted statutory rape. Since 17
December 2007 rape is defined as the vaginal, oral and/or anal penetration
of a female or male without consent â and again when a male or female minor
is involved, irrespective of the consent of the minor the act will still
constitute a sexual offence. Strictly speaking, rape committed prior to
16Â December 2007 and since then cannot be compared at all. This is why the
following notes appear in the 2008/2009 Annual Report of the South African
Police Service:
p.3. âStrictly speaking, the data for 2008/2009 cannot be compared to that
for 2007/2008 and the preceding financial years.â
p.4. âThe closest historical comparison that can be made
between cases registered under the new Sexual Offences Amendment Act
and the historical record is to add the cases historically registered
as rape, indecent assault and abduction together and then to compare
the results with the 2008/2009 sexual offences. â
p.4. âFully valid comparisons pertaining to the sexual offences
will only become possible after the period 1 October 2009 to 31 March
2010".
In table 2 of the same annual report of the SAPS (see pp. 7 â
8) we in the interest of transparency and research tried to devise
some combinations of subcodes of the Sexual Offences Act which could
be compared with the past rape figures, but since then experienced
such criticism that we are now going to wait till the 2009/2010
release of crime statistics (which may only occur in September 2010)
before making any further comparisons.
(2) + (3) Even if the difficulties referred to above are disregarded,
finding answers to these questions presents an almost insurmountable
obstacle. Not only would all the relevant cases first have to be
identified through ad hoc requests to Information Systems Management,
but these will then have to be individually perused. To study each
case docket involved, literally hundreds of police members will have
to be withdrawn from operational duties to complete such a task. This
is clearly not a feasible option in view of ongoing urgent
operational demands on members having to combat crime in their
precincts as a first priority.
Reply to question 1402 approved by Minister