What can you do?

What can you do in a rape situation?

Scream or run away if you can BUT it is not always possible to fight back and your resistance may cause serious injury. Try the following possible strategies in situations like these:

• If the attacker is particularly violent, cooperate and try to negotiate with him (e.g. you can ask him to wear a condom). By law in situations such as these, submission is not consent!
• Spit on your hand and put the spit inside your vagina. This helps lubricate the vagina which is usually dry during rape. This diminishes the chances of the vagina tearing.
• Try to remember what the attacker looks like - his age, race, height, hair colour, distinguishing scars, tattoos, clothes, voice, jewellery.
• Report the rape to the police

What are the benefits of reporting rape?

The rape victim is the only person who has the right to decide on whether he or she will report the rape. Seeking medical treatment however is important. The rape victim may have been injured but also there is great risk of falling pregnant, contracting STD’s or HIV/AIDS. Reporting the rape will provide the victim with FREE access to medication and also empowers the victim. If the victim is afraid to report the rape because of the rapists threat for example, the victim may report the case but need not lay a charge.

Reporting the rape

1. Going to the police

You can report the rape to the police at any time but it is best to report it within 72 hours so that medical evidence (e.g. semen) can still be collected and you can receive medication to prevent pregnancy or HIV infectiono. You can also call the police to fetch you and you can take a friend or family member with you for support.

Points to remember:

• Do not bath before going to police station
• Take the clothes you were wearing in a brown paper bag to the police station (plastic bags may harm evidence) or bring a spare set of clothes if you are still wearing them.
• It is better not take any medication such as tranquillisers or drink any alcohol before going to the police. It is important to be clear-headed when you give your statement to the police. Police often turn people away and tell them to return the next day if they are under the influence of alcohol. If this is the case and you are under the influence of alcohol, you can still go to the police, bring someone who is sober with you if you can, in order to get access to medical attention on that day. You can return the next day when you are sober to make a statement

When reporting the rape, a police officer will need to take a statement from you either before or after your medical exam by an accredited doctor. You have a right to make your statement in a private room and with a female officer if one is available. You can give your statement in any language that you may want to but it may be translated into another language In the statement, you will have to tell the officer exactly what happened. You will be asked to read the statement after it is written. You can make changes. Sign the document once you are satisfied that it is correct. You have a right to a copy of your statement and please keep your case number. You are allowed to make further statements at a later stage if you feel that you have left out some important facts.

An investigating officer will investigate your case once your report is written. He or she may need further clarification. The investigating officer should inform you of any new developments in the case. The police may ask you to come to the police station for an identification parade.

2. Going to the doctor

The police will take you to a district surgeon (although you can see a private doctor if you want to) who will medically examine you and complete a medical report. This may be later used as evidence in the court case. You do not pay for this. The district surgeon cannot treat you for medical injuries but can give you medication to prevent possible pregnancy (morning after pill) and medical treatment to stop you from getting these diseases from the sexual assault. The district surgeon will test to see whether you were HIV+ BEFORE the rape, if you are not HIV+ and it is less than 72 hours since the first act of penetration, you will be given HIV medication. NOTE: Research has shown that in SA at least 40% of rape survivors will become HIV+ after rape if they do not get anti-retrovirals in time. If you do fall pregnant you have the right to an abortion.

3. Going to trial

When the police have finished their investigation, they will give the docket to the public prosecutor. The prosecutor will then decide if there is enough evidence to go to trial. The police may not make this decision; they must simply collect evidence. At this point the perpetrator may try to get you to drop the charges. It is difficult but do not allow the perpetrator to threaten you. Get a protection order if you need to. Also illicit the support of your family, friends and counselor if you have one. In court, the rapist must be proven guilty beyond a reasonable doubt. If the magistrate or judge has any doubt about the guilt of the accused, he must be set free. A "not guilty" verdict means that there was not enough evidence to convict the rapist; it does not mean that you were not raped, or that the people at the court don't believe you.