Survivor highlights legal injustices in assault case

In a touching and anonymous testimony, a rape survivor sheds light on her traumatic experience and the systemic failures of the justice system.

Advocating for change, Anonymous highlights the urgent need for reform to better protect and support victims.

Courage in silence

It all began last year. Anonymous and her partner at the time were together for at least three months, and she went to visit him. During her visit, anonymous fell ill, and this was when he raped her for the first time.

“When I asked him to please stop, he would say, ‘Jy weet dit is wat jy soek, en jy weet jy soek my’,” shared Anonymous.

She said she was still a virgin, cared a lot about her virginity and protected it with everything she had.

Anonymous was then diagnosed with the Epstein–Barr virus (EBV), a common viral infection that spreads through saliva and body fluids. EBV is a type of herpes virus called human herpesvirus 4.

“The stress from my matric preliminary exams and what the perpetrator did, which I never spoke up about, triggered the virus,” said Anonymous.

She stayed with her mother, and her condition worsened after her diagnosis. She slept with her little sister on a mattress in the lounge so that her mom could monitor her condition. The perpetrator came to visit and slept on the couch.

“When he woke up, and before he could get ready for work, he started touching me in my critical state. Trying to defend myself, I stood up and told him that was unacceptable. He still visited three or four times after that, and when I felt better, I visited him at his parents’ house.”

She shared how she had believed he changed because he would assure her with his words, saying, “I am a man of God, and God spoke about what I did, and I know I am wrong.”

The same perpetrator raped Anonymous three more times after, and that’s when she found the courage to stand up to him.

“I realised it was a repetitive thing, and that was no changed behaviour. The last time it happened, I cried because of the amount of pain he put me through,” said Anonymous.

She left the relationship in April and has not seen him since.

Voice unheard

Revealing how the laws designed to protect victims often fall short, Anonymous shared the injustices she encountered with SA’s legal system.

She only told her family about the occurrences on July 7 this year, and on July 10, she opened a case of sexual assault against the perpetrator. The constable advised her to get a rape kit test done.

“After getting the results, the constable said the amount of damage done and found in the test is more than enough evidence to arrest the perpetrator.”

The rapes happened in an area about 30km west of Johannesburg, and the policing services on that side requested transferral of the case to them.

“The case was transferred, and I was not treated as a victim but a suspect. I would constantly have to call to follow up and had to wait more than four days for feedback.”

The case was then transferred to court, but the perpetrator was not arrested.

Anonymous recently received a call from a detective saying the prosecutor had denied her case.

In shock, she tried to ask on which grounds the case was denied, but the detective refused to give her a reason.

“We called the senior detective so the case could be revised, and he transferred me to the prosecutor who had denied my case.

“When I asked on what grounds the case was denied, his response was, ‘I cannot remember because the workload is too much’,” said Anonymous.

When she asked for a copy of her docket to take the matter further, the prosecutor told her he did not know how she could get a copy of it.

“They say we should speak out as victims, but what help have I got thus far? My perpetrator is still out there walking freely, and who knows how many other girls he has done this to and will do it to?”

After speaking to the captain of the police station, Anonymous still awaits a date to see the senior prosecutor.

She added, “I never wanted to be a lawyer or advocate, but the injustices I experienced have motivated me to follow this career and take on my case and help other victims, including the ones who speak out and still do not get any justice.

“Ek lig nie my witvlag nie; dit is nie verby nie. Die comeback gaan persoonlik wees en dit is ‘n belofte,” said anonymous.

Marie Stopes South Africa offers five practical steps sexual assault victims can take soon after they’ve been raped to keep themselves safe, minimise health risks and strengthen their chances when it comes to reporting an assault, pursuing legal action and bringing the rapist to justice:

• Get to a safe place – Prioritise your safety and well-being after the experience of sexual trauma because you might still be in danger.

• Preserve evidence of the rape – That you don’t bath, shower or wash your clothes is advised. Any blood, semen, saliva or hair that could be evidence of the rape would be lost in the process. Injured or not, go directly to the nearest hospital, community health centre or doctor.

• Decide if you want to report the rape – Go to your nearest police station to report the rape, where the police officers will take your statement. From there, they must take you to a health centre, where you will receive medical attention and a forensic examination.

• Get preventative medication – Once you’ve completed the forensic exam, the doctor should give you the morning-after pill to prevent pregnancy and antibiotics to prevent possible STIs. You will also have an HIV test, and if it is negative, you will receive antiretroviral treatment for 28 days to prevent contracting HIV.

• Get support to help you to recover – You can get the support you need further down the line by seeking counselling and therapy for sexual assault and rape victims.

GBV helpline

Break the silence against domestic violence. If you are in an abusive relationship, whether physically, emotionally, sexually or financially, you can talk to about it. A problem shared is a problem half-solved. Call 0800 150 150