You could go to jail for not reporting suspicion of child abuse

You can be imprisoned for up to five years if you don’t report your suspicions that a child might be sexually abused to the South African Police Service (Saps).

You don’t have to be directly involved or have evidence, and you can report anonymously if the circumstances allow and you don’t have to be called as a witness.

“There is no room for you to use your discretion. There are three legislations at play compelling you to report to the police, irrespective of whether you think the children are too young or there might not be a case. It is up to the police to investigate all allegations,” said Advocate Salome Scheepers.

Legislation: Mandatory reporting of child abuse

Scheepers is a senior state advocate at the Sexual Offence and Community Affairs Unit (#SOCA) of the National Prosecuting Authority (NPA). She is tasked as portfolio manager for domestic violence.

She unpacked the consequences people face if they don’t adhere to the mandatory reporting of abuse, neglect, exposure to domestic violence or sexual assault of children.

Failure to adhere to legislation is punishable with between three to five years imprisonment, depending on the abuse that is not reported.

Poppie Koekemoer: Consequences of failure to report abuse

Scheepers referred to the case of Poppie Koekemoer who died in October 2016 in Brits. The three-year-old little girl had been abused for eight months by her mother and stepfather.

“In her case, the judge ruled that everyone involved had to be investigated for their failure to report the abuse to the police,” the senior advocate noted.

Children suffer abuse from those closest to them

According to Scheepers, the Constitution protects the rights of children, but the sad reality is that the majority of children suffer abuse from those responsible for taking care of them in their own homes.

Daniel Chettiar, founder of Daniella Simone Keisha (DSK) Group, told IOL that many children were also “sold” to pay off their parent’s drug or alcohol debts.

On average, we are informed of about eight to 10 cases a months of minors who have been violated – be it rape, being inappropriately touched, beaten or even sold.

“In many of these cases, a person that is known to them – their parents, step-parents, close relatives or family friends does these acts. We can say 98% of the perpetrators are often known to the child, ” he said.

Chettiar said in one case, a 13-year-old girl was allegedly made to do sexual favours – to pay a tavern bill of about R400, owed by her father.

The tragic case of Joshlin Smith

The recent disappearance case of the six-year-old Joshlin Smith has made international headlines.

The little girl has been missing for almost four months from the Middelpos informal settlement near Diazville in Saldanha Bay.

Joshlin’s mother, Racquel “Kelly” Smith, and her boyfriend, Jacques “Boeta” Appollis, together with Steveno van Rhyn, and Lourentia “Renze”  Lombaard have been charged with human trafficking for the purpose of exploitation and kidnapping. 

The state has alleged that Smith – who is a self-confessed Tik (crystal meth) user – instructed Appollis and Van Rhyn to sell Joshlin to another Middelpos man for R20 000 for muti.

The two men reportedly made this confession after a 36-hour interrogation at Saldanha Police Station.

ALSO READ: WATCH: A quarter button and ‘sakkie’ tik while Joshlin Smith vanished into the night

‘Pervasive crisis’

“Child abuse is not just a social ill, it is a pervasive crisis that affects the very foundation of our communities, families, and most importantly, our children,” Scheepers said.

“It is our collective responsibility to act, to intervene, and to protect those who cannot protect themselves. Children represent the future. They are our hope, our potential, and our tomorrow,” the advocate added.

Report child abuse and break the cycle

“When a child is abused, it is not just their present that is shattered, their future is also jeopardized. By reporting child abuse, we take the first crucial step in breaking this cycle, offering victims a chance to heal and lead healthy, productive lives.

“Every report made is a step towards saving a child’s life, a step towards restoring their dignity, and a step towards building a future where every child can grow up safe, loved and free from harm,” concluded Scheepers.

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