Speaking out.
On the 27th February 2018 I wrote about the #metoo campaign and how it had reached the TV & film industry in South Africa. I highlighted the fact on how I had experienced sexual harassment from a local based producer, how I resigned from a TV show as they were trying to force me to perform sexual scenes and semi naked. I also highlighted the fact that many actresses contacted me through my personal mail boxes, expressing how they also were subjected to such conditions by the same producers.
Then last night, Tuesday evening 17 April 2018, I was alerted to the fact that a prominent filmmaker, Khalo Matabane has been accused of rape.This information was declared via a social media post. Naturally this was an alarming discovery, as firstly when somebody reports rape, I automatically think of their trauma and if they are coping, the second reaction, was that as an industry player, I obviously know the accused.
I then investigated the allegation further and thanks to Phil Mphela posts I was able to understand the allegations. Phil Mphela is an entertainment Commentator, blogger, brand Influencer, media consultant and content creator. He often highlights issues pertaining to the entertainment industry.
The posts that I am referring to read as follows:
I knew I needed to write this blog to reveal what has been presented to us but mainly to supply the necessary information to survivors, so that we all know what our rights are.
I look forward to the day, where we do not need to learn on how to protect ourselves and the day where our human rights are adhered to. Until that day comes, I will not be silent on these issues and I stand firmly with those that speak out. I am not shocked at the lack of support from many women especially those in the tv and film industry. The fashion of victim blaming and protecting the perpetrate needs to come to an end.
The survivors, who have come forward, I salute you all. Being subjected to such trauma is horrific but having to keep it a secret for so long can and will have detrimental affects on you. So when you make a formal complaint against the perpetrator, please also seek counselling and support, this helps alleviate the psychological trauma which if not treated can lead to physical and emotional problems, later on in life such as PTSD (Post traumatic stress disorder), Fibromyalgia and other musculoskeletal conditions.
When laying a charge, try to remember the following:
IT IS NOT YOUR FAULT!!
You haven been violated and you have the right to justice, especially if you live in South Africa. I say this as there are many countries who do not have laws in place that protect women.
If you have been raped or sexually assaulted, you can report this to the police. It is your choice whether to report, but if you do not report then your case will not be investigated or prosecuted. Police are not allowed to refuse to investigate your case if you report it. However, if there is too little evidence after an investigation by the police, a prosecutor may decide not to prosecute your case. That is why it is essential to remember as many facts as possible, date, time, what he was wearing, any facial or body scars, tattoos etc.
THERE IS NO TIME LIMIT WHEN IT COMES TO REPORTING A RAPE.
However, if you do not report quite soon after the rape happened then physical evidence may be lost and any witnesses may be difficult to find, which will make successful prosecution more difficult.
When you report, the police will take you to hospital where you will be given medication to prevent HIV/Aids. It is important to take this medication as soon as possible after being raped.
If you are a child, or reporting on behalf of a child, the case is dealt with in a different manner.
CALL THE POLICE.
You can report rape by going to the closest police station. You can also report rape by telephoning the closest police station. If you report by phone, the police will send a police van to fetch you. It is your right to request a female police officer, if refused take note of the police and their badge number.
Which police station can you go to?
You should report the rape at the police station closest to where the rape happened (which might be far away from where you live). However, if you have gone to another police station, the police are NOT ALLOWED to send you away. They must do the first steps of the investigation, which are
* opening a case docket
* sending you for the medical examination
* give the case to the correct police station afterwards.
At the police station, you can ask to speak to a woman police official. However, a woman may not always be available. You do not have to give all the details of what happened in the charge office when reporting the rape.
After you have said that you want to report a rape, you should be taken to a private space such as an office, or to the trauma room, which is a more comfortable room that often also has trained volunteers to help you. Most police stations have trauma rooms that are supposed to be open all the time, even on weekends and at night.
Making a Statement
You need only give a brief statement of what happened and have the rape recorded in the occurrence book (a book in which all crimes are recorded) at the police station, before being taken to have a medical examination.
You should try to give a detailed description of the rapist and where you last saw him immediately so that the police can try to arrest him as soon as possible.
You only need to give a detailed statement of what happened during the rape after the medical examination, usually a day or so later, when you have had some time. The detailed statement will be given to a detective (investigating officer) who will be the only police person to know about the details of the case.
If the police arrest a suspect, they may need to hold an identity parade where you will have to point out the rapist if he is one of the people in the identity parade. On a personal experience, the survivor was taken back to where he lived and had to identify him there.
Please note:
You do not need to touch the suspect and you should refuse to do so if anyone asks you to.
When you give your statement, you should give as much detail as possible about what happened, especially on whether the rapist threatened you and whether he was violent. Make sure the police know if you think he knows where you live and if you are afraid he might intimidate you. This is important information that will help the court decide whether he should be granted bail or not, once he is arrested.
THE MEDICAL EXAMINATION.
A state doctor (the District Surgeon) will do the medical examination, usually at a hospital. You can get a private doctor to do the examination, but they are often not trained in collecting forensic evidence and may not have the time to go to court. The doctor must also give you medication to prevent HIV/Aids.
Important things to note:
Because the aim of the medical examination is to collect forensic evidence, you should not wash before the medical examination, as this may wash away evidence.
You should also bring the clothes you were wearing at the time of the rape so that they can also be examined for evidence.
WHAT F THE SUSPECT GETS BAIL?
If the rapist is granted bail, the police must inform you, including the conditions of his bail. One of the conditions of bail is always that he will not be allowed to talk to you or threaten you in any way. If he does talk to you or if he breaks any of the other conditions, you must contact the detective dealing with your case immediately and make a statement about this.
THE TRIAL.
Unfortunately, it may take a very long time for your case to go to court for trial, and if the police cannot find enough evidence, the prosecutor may decide not to prosecute.
If you have any complaints about how the police have dealt with your case, you should lodge a complaint. You can get help from any of the organisations that help survivors of sexual violence with preparing for the trial and with any other problems you may be experiencing.
On the day of trial, try to arrange with the prosecutor beforehand that you will arrive early and have a separate place to sit while waiting for the trial to start, as it is common for the rapist and his supporters to make comments about you within earshot and try to intimidate you in other ways. Some courts have separate witness waiting rooms that you can use instead of waiting in the corridor with the rapist and his supporters. If the court does not have a witness waiting room, ask the prosecutor to make another office available for you.
Should you need assistance with any form of abuse, I have collated a few places that one can visit.
COUNSELLING SERVICES
MPUMALANGA, EHLANZENI
GREATER NELSPRUIT RAPE INTERVENTION PROJECT (GRIP)
46 Anderson Street
Nelspruit
PO Box 12197
Steiltes
Nelspruit 1200
Tel: (013) 752-5993
Fax: (013) 752-5993
E-mail: info@grip.co.za
LIFELINE
8 Hope Street
Nelspruit
PO Box 5106
Nelspruit 1200
Tel: (013) 755-2635
Fax: (013) 755-2635
E-mail: emotone@mweb.co.za
LOUIEVALLE WOMENS’ SUPPORT CENTRE
Old Ka-Ngwane Office
PO Box 48
Lowscreek 1302
Tel: (013) 710-0105
Fax: (013) 710-0054
MASISIKUMENI WOMENS’ CRISIS CENTRE
Between Thonga Police Station and Thonga Bakery
, Thonga
PO Box 860
Kwalugedlane 1341
Tel: (013) 780-3078
Emergency after hours: (013) 780-8014
NKOMAZI ADVICE CENTRE
Zakhele Training Centre
Schoemansdaal
PO Box 1057
Shongwe Mission 1331
Tel: (013) 781-0483
Fax: (013) 781-0483
WOMEN AGAINST WOMEN ABUSE (WAWA) – ELKHOTENI
PO Box 1461
Elkhoteni 1192
Tel: 073 183 6835
COUNSELLING SERVICES – KWAZULU-NATAL, ETHEKWINI
DURBAN
ADVICE DESK FOR ABUSED WOMEN (ADAW)
Room 124, K Block
University of Durban Westville,
Durban
PO Box 65227
Reservoir Hills
Durban 4000
Tel: (031) 262-5231
Fax: (031) 262-5223
Hotline: (031) 262-9673/ 9679
Email: advicedeskfortheabused@ject.co.za
CARELINE CARE CENTRE
No. 2 Fisher Road
Hillcrest
PO Box 371
Hillcrest 3650
Tel: (031) 765-1587
Fax: (031) 765-1314
Branches in: Chatsworth, Reservoir Hills, and Point Road
CHATSWORTH COMMUNITY CARE CENTRE
17 Trisula Ave
Arena Park
, Chatsworth
PO Box 56411
Chatsworth 4030
Tel: (031) 406-1242/3
Fax: (031) 406-1242
FAMILY AND MARRIAGE SOCIETY OF SOUTH AFRICA (FAMSA)
Suite 525
320 West Street
, Durban
PO Box 1982
Durban 4000
Tel: (031) 202-8987/31
Fax: (031) 202-8927
LIFE LINE DURBAN
38 Adrian Road
Stamford Hill
,
Durban 4001
Tel: (031) 303-1344
Fax: (031) 303-1419
Crisis line: (031) 312-2323
E-mail: llnatal@hit.co.za
NATIONAL INSTITUTE FOR CRIME PREVENTION AND REINTEGRATION OF OFFENDERS (NICRO)
2nd Floor United Building
58 Field Street
Durban 4001
Tel: (031) 304-2761/2/3
Fax: (031) 304-0826
E-mail: nicrokzn@wn.apc.org
CHILDLINE
Durban
123 Percy Road
Osborne, Morning Side
Durban
PO Box 37875
Overport 4067
Tel: (031) 312-0904
Fax: (031) 312-6008
Toll Free: 080 005 5555
Email: childin@global.co.za
WESTERN CAPE:
Life Line
(021) 422 1690
Rape Crisis (Observatory)
(021) 447 9762
Rape Crisis (Khayelitsha)
(021) 361 9085
Rape Crisis (Athlone)
(021) 633 9229
GAUTENG:
POWA
Postal Address:
PO Box 93416, Yeoville 2143
Johannesburg
Telephone: 011 591 6803
Fax: 011 484 3195
Web address: http://www.powa.co.za
Email: info@powa.co.za
POWA Legal Advice
Email: legal@powa.co.za |info@powa.co.za
Counselling
Email: itumeleng@powa.co.za
“Telephone: 081 383 7698
SOWETO:
“Room 10 Nthabiseng Centre, Chris Hani Hospital
Telephone: 011 933 2333/2310
Katlehong
667 Monise Section, Katlehong 1431
Telephone: 011 860 2858
Fax: 011 905 211
Vosloorus
1620 Ditshego Street, Vosloorus Rehabilitation Centre
Telephone: 011 906 4259 / 1792”
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