Ignorance of rape laws in courts is untenable

It has been said many times, by many different people, that the victims of gender-based violence – overwhelmingly women and children in SA’s misogynistic society – are abused twice … once in the actual crime and again by the justice system.

Many women who try to report rape at police stations, or get protection orders against husbands and partners, say those supposed to be enforcing the law have little sympathy at best and, at worst, actively refuse to take their cases.

When cases of rape and abuse do get to court, they are sometimes so badly investigated, or prosecuted, that they get thrown out.

But now, an even more worrying aspect of the judicial system is emerging: a significant number of magistrates and criminal lawyers have a lack of basic knowledge about the laws around rape and, specifically, about the legislated mandatory minimum sentences for the crime.

According to legal advocacy group Judges Matter – which sat in on interviews for magisterial posts in the regional courts – the level of ignorance of rape law was displayed by “a significant number” of the candidates.

The group commented: “Given such recent events regarding gender-based violence and femicide, one would expect that people sitting on the bench and administering justice would know the law and apply it accordingly. However, this proved not to be the case.”

We suggest that concrete steps be taken to include gender-based violence awareness for all legal trainees, never mind magistrates.

What about a mandatory set of sessions with rape advocacy groups, as well as time in rape trauma clinics for all aspiring lawyers?

Even if they don’t go into criminal law, they can never say in future: we never knew.

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