VIOLENCE AGAINST WOMEN AND CHILDREN

1
VIOLENCE AGAINST WOMEN AND CHILDREN
2
APPLICABLE LEGISLATION

• Domestic Violence Act
• Criminal Law (Sexual Offences and Related
  Matters) Amendment Act
• Child Care Act / Childrens Act
• Child Justice Act

3
DOMESTIC VIOLENCE ACT

• Act came into operation on 15 Dec 1999
• National Instruction by National Commissioner on
  duties and powers of members in terms of Act

4
DUTIES OF THE POLICE DOMESTIC VIOLENCE

• Police must render assistance to the victim to
• find suitable shelter
• obtain medical treatment and
• make a decision on the remedies at his or her
  disposal.
• Accompany victim to collect personal property

5
POWERS OF THE POLICE DOMESTIC VIOLENCE

• To arrest
• To seize weapons
• To serve protection order
• To enforce protection order

6
TRAINING ON DOMESTIC VIOLENCE

• With the implementation of the Act, 1771
  commanders and trainers from every station and
  area were trained on the Act. These trainers
  were responsible to train the remaining members
  and divisions before its coming into operation
• Training on domestic violence was included and
  now forms an integral part of the Basic Training
  Programme for new recruits since 2000
• A specialized 5-day course on the handling of
  domestic violence incidents was developed and
  implemented during 2005

7
TRAINING ON DOMESTIC VIOLENCE (Cont)

• More than 70 of all specialized members
  responsible for the investigation of Family
  Violence, Child Protection and Sexual Offences
  related crimes, completed specialized training
  (including training on the handling and
  investigation of cases involving domestic
  violence)
• Presently all Station Commissioners receive
  refresher training on their specific roles in
  respect of domestic violence. (Gauteng, Free
  State, Western Cape, Eastern Cape, and KZN
  completed)
• In-service training is continuing

8
REPORTING DOMESTIC VIOLENCE

• Domestic violence cases reported to the Police
• 2005/2006 86 390
• 2006/2007 88 777
• 2007/2008 95 218

9
MONITORING AND EVAULATION DOMESTIC VIOLENCE

• Station Commissioners Supervisors must
  regularly peruse and inspect all DV registers and
  resource lists to monitor service delivery to
  victims of domestic violence
• Cases reported to the Police involving domestic
  violence, are allocated to investigating officers
  (Detectives) for a full investigation and
  present the docket to the Prosecutor
• Failure by a member to comply with an obligation
  imposed ito the Act constitutes misconduct.
  Disciplinary proceedings are instituted against
  members who fail to comply with their obligations
  UNLESS the ICD directs otherwise
• Evaluation Services conduct regular inspections
  at station level to ensure compliance with the
  Act and National Instruction

10
SEXUAL OFFENCES LEGISLATION

• Criminal Law (Sexual Offences and Related
  Matters) Amendment Act, 2007 (Act 32 of 2007)
  came into operation on 16 December 2007
• National Instruction by National Commissioner on
  duties and powers of members and to guide members
  to render effective support to victims

11
CHANGES SEXUAL OFFENCES

• Chapter 1 - Definitions objectives
• Chapter 2 - Sexual offences
• Chapter 3 - Offences against children
• Chapter 4 - Offences against mentally disabled
• Chapter 5 - HIV status
• Chapter 6 - National Register for sex offenders
• Chapter 7 - General provisions

12
CHANGES SEXUAL OFFENCES (Cont)

• Provides for the compulsory HIV testing of
  alleged sexual offender (Chapter 5)
• Provide for services to victims to minimize
  traumatisation (eg PEP)
• Provides for National Register for Sex Offenders
  (not yet in operation)

13
CHANGES SEXUAL OFFENCES (Cont)

• Crimes committed since 16 December 2007
• Repeal common law offences (eg rape, indecent
  assault, bestiality, incest)
• Creates more than 66 new offences
• Replacing some common law offences with expanded
  statutory offences, ie rape, sexual assault
• Abolish gender and age discrimination
• Create specific offences to protect children and
  mentally disabled persons
• Duty to report the commission of a sexual offence
  against a child and mentally disabled person

14
TRAINING SEXUAL OFFENCES

• Basic Training Programme for new recruits
• training on new Sexual Offences legislation
  included in January 2008
• now integral part of the training programme
• First Responders to Sexual Offences Course
• Detective Learning Programmes
• Sexual Offences Investigators Course
• Specialized training for FCS members
• (FCS Detective Learning Programme)

15
TRAINING SEXUAL OFFENCES (Cont)

• Partnership between US Government and the Police
  in respect of Sexual Offences Training for
  investigating officers and first responders
• US funded Womens Justice Empowerment Initiative
  (WJEI) launched in 2005 for SA and 3 other
  countries in Africa
• Purpose to address challenges of sexual violence
  against women and children and enhance the
  capacity of local law enforcement, criminal
  investigators, prosecutors, magistrates and the
  judiciary

16
TRAINING SEXUAL OFFENCES (Cont)

• Initiatives undertaken as part of the WJEI
  programme
• In 2008 Detective Services including Forensic
  Science Specialists were exposed to the Sexual
  Offences Investigators training. 12 courses with
  30 detectives each completed by FCS Unit (360
  detectives)
• Early in 2009 Train the Trainer courses took
  place 17 members trained in respect of the 1st
  responders course and 18 members underwent the
  Investigators course (35 trainers)
• Provinces currently training 3-5 courses of 25
  members each (depending on size of province) Plan
  for 43 courses (/- 25 members each) for 1st
  responders and 63 in respect of Investigators in
  all provinces
• All in all /- 3000 members to be trained next
  year

17
CHILDRENS ACT, 2005 (Act No 38 of 2005)

• Act not yet fully in operation -
• only administrative sections
• Child Care Act, 1983 (Act No 74 of 1983)
• A National Instruction to guide members on how to
  implement the Act is being developed

18
MAIN CHANGES CHILDRENS ACT

• Child in need of care now child in need of
  care and protection
• Removal by Police only if child also in need of
  immediate emergency protection
• Best interest of the child the guiding factor

19
MAIN CHANGES CHILDRENS ACT (Cont)

• Obligation to report that child is abused,
  neglected
• Obligation of designated child protection
  organisation or prov dept of social development
  to report an offence against a child
• Detailed prescripts on how to deal with children
  in need of care and protection

20
MAIN CHANGES CHILDRENS ACT (Cont)

• Removal of alleged offender
• Children who are victims of trafficking
• Report of death of victim in care facility
• Prohibition on employing persons unsuitable to
  work with children
• Enforcement of parental responsibilities and
  rights

21
CHILD JUSTICE ACT, 2008(Act No 75 of 2008)

• Act to be promulgated on 1 April 2010
• National Instruction will be issued by the
  National Commissioner

22
CHANGES CHILD JUSTICE ACT

• Establish separate criminal justice system for
  children in conflict with the law
• Raises minimum age of criminal capacity of
  children from 7 years to 10 years
• Provides for securing attendance at court and the
  release or detention and placement of children
• Provides for diverting matters away from the
  formal criminal justice system
• Entrench the notion of restorative justice in
  respect of child offenders

23
RESPONSIBILITIES OF POLICE CHILD JUSTICE ACT

• A child below 10 years who is alleged to have
  committed an offence may not be arrested and must
  be handed over to parents, appropriate adult,
  guardian or suitable child and youth care centre
• Securing the attendance of the child in court
• Arrest only in limited circumstances and consider
  placement after arrest in child and youth care
  centre

24
RESPONSIBILITIES OF POLICE CHILD JUSTICE ACT
(Cont)

• Conditions of detention
• held separately from adults and boys separate
  from girls
• taking into account their particular
  vulnerability
• permit visits by parents, legal representative,
  probation officer etc
• cared for in a manner consistent with the special
  needs of children (incl health care, food,
  blankets)

25
RESPONSIBILITIES OF POLICE CHILD JUSTICE ACT
(Cont)

• Complaint of injury sustained by a child during
  arrest or detention
• Expungement of record

26
CRIMES REPORTED

• Violence against women and children
• Child murders
• 2006/2007 1630
• 2007/2008 1461
• Femicide
• 2006/2007 2744
• 2007/2008 2780

27
CRIMES REPORTED (Cont)

• Violence against women and children
• Ukuthwala
• Abduction
• 2006/2007 353
• 2007/2008 338
• Kidnapping
• 2006/2007 372
• 2007/2008 397

28
Interdepartmental co-operation on Gender-based
Violence

• Domestic Violence and Sexual offences were
  originally dealt with by two interdepartmental
  committees
• Since 2007 this has been combined into the
  Interdepartmental management team for Gender
  Based Violence that deals with sexual offences,
  domestic violence and trafficking in women and
  children
• Focus is on prevention, improving the CJS
  responses to these crimes and services to victims

29
SAPS roles and responsibilities

• SAPS plays a role in all three focus areas
• Prevention
• Improving relationships with communities and
  partners to increase reporting of GBV
• Raising awareness and education iro victims
  rights and what can be expected of SAPS (also
  important to reinforce this message for members)
• Using police information and information from
  communities to inform crime prevention and
  combatting activities of SAPS at local level and
  mobilise specific partnerships
• Emphasising the need for an effective first
  response and early intervention (recognising the
  limitations of police in prevention intimate
  violence).

30
SAPS roles and responsibilities

• Prevention (continued)
• Proactive policing programmes like sector and
  community policing that take policing closer to
  communities and works with communities to address
  risk factors
• Working with other departments to address social
  and other causes and contributing factors to
  crime - which are included in the prevention
  programmes of those departments, for example the
  Gender Education Movement from Education.

31
SAPS roles and responsibilities

• Improving the CJS response
• Includes improved investigation, forensic and
  crime scene support and criminal records
• Continuing to invest in improving investigation
  skills
• Improved coperation with other Departments in the
  CJS
• SAPS activitely involved in interdepartmental
  processes relating to all aspects of improvement
  to the CJS

32
SAPS roles and responsibilities

• Victim support
• SAPS part of NCPS VEP from inception
• In process of rolling out a manual to support
  SAPS victim support work - detailed how to
  guide that reinforces the commitments included in
  the Victims Charter
• Improving skills of members 1298 members
  trained in 2008/2009, 558 to date in 2009/2010
• Improving facilities at police stations 795
  victim support rooms currently in place at police
  stations
• Blueprint for new stations include facilities for
  victims
• Ensure that referral systems are in place in all
  stations to support early intervention and victim
  empowerment

33
Ukutwala and crimes associated with initiation

• Where these practices are identified as relating
  to specific traditional practices and not just
  crime, SAPS has worked with traditional
  authorities to address it
• In Eastern Cape, working with the provincial
  Health Department, SAPS provides support for the
  enforcement of provincial legislation to ensure
  that crimes and harmful practices in initiation
  schools are addressed
• In Gauteng the SAPS will be implementing a series
  for community based workshops to address problems
  experiences with initiation practices in
  September 2009
• SAPS has also assisted with training for
  traditional authorities on the relevant
  legislation and programmes to protect women and
  children
• Partnerships with communities are important in
  this regard - also the challenge to execute SAPS
  responsibility to uphold the law whilst still
  retaining respect for culture and tradition of
  the communities we serve

34
Child care and protection

• Focus is on the Child Justice and Child Care and
  Protection programmes.
• SAPS is actively involved in both programmes that
  address
• Ensuring that child offenders are dealt with in
  terms of the Interim Protocal until
  implementation of the CJA
• Addressing offending behavior by children through
  early intervention and referral
• Proactively responding to children in need of
  care and at risk, also through early intervention
  and referral
• Ensuring that police stations are part of the
  local support networks for children at risk and
  assisting to establish such networks with
  government and community partners where needed.

35
CHALLENGES

• On-going training to ensure compliance
• Gender sensitivity
• Community not yet fully aware and sensitized
• the protection afforded by the legislation
• roles responsibilities of different
  role-players
• Proper coordination between different state
  departments, NGOs community initiatives (eg
  lack of shelters, availability of probation
  officers)
• 24-hour availability of all role-players