Child Rape in South Africa - Essay Example

Child Rape in South Africa Since the end of Apartheid, a system of legal racial segregation, South Africa has undergone enormous transformation. While racial equality and political representation for the marginalized black majority has been established, the country faces unprecedented social and health issues. The HIV/AIDS pandemic is ravaging the country and approximately 5.7 million people are living with the virus (AVERT 2009). As of 2008, South Africa had one of the highest unemployment rates in the world with 21.9 % of the population without work (De Capua & Robertson 2009). Crime is occurring at an unprecedented rate and South Africa now boasts some of the highest rates of violent crime in the world (De Capua & Robertson 2009). Yet, one of the most pressing social issues to emerge is the sexual violence of children. Child rape is occurring at unprecedented proportions resulting not only in the trauma of children but in the increase of HIV/AIDS infections. The South African legal system is struggling to cope with the number of child rape cases and many children's rights advocates argue that the system is flawed in its handling of sexual abuse victims, in particular children. This paper seeks to examine the issues surrounding child rape in South Africa including the role of the legal system in combating this issue. Apartheid: A legacy of Violence in South Africa Apartheid emerged in 1948 and was a legalized system of segregation separating the white Boer minority from the Black, mixed race and Indian majority (South African Government Information 2008). It was a complex set of laws that resulted in the oppression and marginalization of all non-whites in South Africa. Apartheid was brutally enforced by the white minority and state-sponsored violence was commonly used to maintain order and suppresses social uprisings. With the end of Apartheid in 1994, this legacy of social and economic inequality has remained resulting in extremely high levels of violence of which women and children are often victim (Human Rights Watch 2001). Due to social inequality, women and girls are often the most vulnerable victims of violence, in particular gender-based violence such as rape and sexual abuse (Human Rights Watch 2001). Apartheid was deeply entrenched in South African society and it continues to impact the political, social and economic conditions of the country. Schools, in particular, have felt the brunt of the pervasive violence that has wrecked havoc on the country and its people. According to Human Rights Watch, "the South African education system today is still scarred by the racially discriminatory policies of apartheid and in particular the system of 'Bantu Education' imposed by the National Party government" (2001). During the period of resistance, where freedom fighters waged war against the oppressive Apartheid system, "schools were often transformed into sites of political struggle and frequently become violent spaces" (Human Rights Watch 2001). Since the dismantling of Apartheid, the government has struggled to compensate for the lack of professional teachers (during Apartheid the white majority provided only rudimentary skills to Blacks for menial jobs, not professional teacher qualifications) or direct adequate resources to the education system (Human Rights Watch 2001). The result is teachers responsible for teaching that are ill-prepared to do so and without the adequate resources. According to Human Rights Watch "gangs...make schools places where drugs, thugs and weapons can move as freely though the gates as people" and "schools become territorial prizes...courses are not conducted according to any regular schedule "(Human Rights Watch 2001). Unfortunately, violence and in particular sexual violence, in schools has become a common feature of post-Apartheid South Africa, with children as the innocent victims. Rise of Sexual Violence: Child Rape South Africa boasts one of the highest reported rates of rape in the world. The problem of sexual violence is so great that "a woman born in South Africa has a greater chance of being raped, than learning how to read (Dempster 2002)." For children the situation is equally grim with "one in four girls facing the prospect of being raped before the age of 16" (Dempster 2002). According to a recent parliamentary debate on child abuse in South Africa, there has been a 400% increase in the sexual violence of children over the past decade" (Dempster 2002). In 1994, with the dismantling of Apartheid and the birth of South African democracy, 18, 801 cases of rape were reported per year. By 2001, this number had increased to 24, 982 (Dempster 2002). A disturbing phenomenon on the rise is the rape of babies. AIDS activists in South Africa attribute this in part, to the "widespread rumour that having sex with a virgin cures AIDS." (Little 2002). In a country with "the largest population of individuals infected with HIV" in Africa, this is a dangerous myth (Meier 2002). Compounding the problem is the fact that the majority of South Africans have not received adequate education on HIV/AIDS prevention due largely to the government's resistance to acknowledge the seriousness of the problem and the continued debate in the country "as to whether HIV causes AIDS and whether drugs will help" (Meier 2002). Culturally, women and girls face significant barriers to equality with men, resulting in an inability to refuse unwanted sexual advances. For babies and child victims of rape, sexual assault is a double-edged sword, resulting in physical and mental trauma as well as the possibility of HIV transmission. The Justice System & Sexual Abuse According to a 2001 Human Rights Watch report, the South African criminal justice system has made advances toward the treatment of victims of gender-based violence. In recognition of the past failures of police to understand the "magnitude of the harm of gender violence and the complexity of domestic abuse" the government created specialised "domestic violence, child abuse and sexual assault units (DCS)...and specialised family courts that handle many issues surrounding the home" (Human Rights Watch 2001). However, despite these advances the justice system has been heavily criticised by NGOs and child-rights activists for its handling of child rape victims. In a 2008 report by the South African newspaper, The Star, Karyn Maughan interviews a legal South African prosecutor on the neglect of several legal initiatives implemented by the government to counter sexual violence against women and children: Instead of having made vast progress since 2000, dedicated courts have declined in numbers, SA Police Service Family Violence, Child Protection and Sexual Offences Units have been redeployed, trained forensic social workers employed by the police have become quite scarce, magistrates have become obstructive, the system of district surgeons was abolished...(Maughan 2008) According to Maughan, these claims have been supported by a recent survey conducted by the National Prosecuting Authority (2008). The survey, found that only "14 percent of courts had intermediary services for child victims or rape, meaning children in 86 percent of courts had to face the rapists unaided" (Maughan 2008). This places significant stress on the victim of an already brutal crime. The reality is that most cases of child-rape are never reported and those that make it to court rarely result in convictions. According to a The New York Time report, "only about 7% of reported cases result in convictions, leaving most rapists with little fear of punishment" (Swarns 2002). The government has made some strides to address the obstacles faced by child victims of sexual abuse. However, the roots of the problem lie in a legacy of violence left over from the Apartheid era, the lack of protection for girls at schools, the gender-based discrimination women and girls face on a daily basis and misinformation on HIV/AIDS prevention and transmission. The result is increasing sexual abuse of women and children, psychological and physical trauma for the victims, increased levels of HIV transmission and few cases of justice for victims at Court. In order for these root causes to be addressed, the government requires a holistic approach to combating child sexual abuse that includes addressing, HIV/AIDS, gender equity and providing safe spaces for children at schools. References AVERT. (2009). HIV and AIDS in South Africa. AVERT. http://www.avert.org/aidssouthafrica.htm De Capua, Joe. and Robertson, Delia. (2009). South Africa Unemployment Rate Drops Despite Slowing Economy. VOANews.com. http://www.voanews.com/english/Africa/2009-03-02-voa29.cfm. Dempster, Carolyn. (2002). Rape - silent war on SA women. BBC News. Human Rights Watch (2001). SCARED AT SCHOOL: Sexual Violence Against Girls in South African Schools. Little, Allan. (2002). AIDS: A South African horror story. BBC News. Maughan, Karyn. (2008). No justice for child rape victims. The Star. South Africa Government. (2008) Apartheid. South Africa Government Information. http://www.info.gov.za/aboutsa/history.htm#apartheid. Swarns, Rachel. L. (2002). Grappling With South Africa's Alarming Increase in the Rapes of Children. The New York Times. Read More