TEACHERS who fail to report sexual and physical abuse of pupils to the police may face prosecution themselves.
This is according to Busisiwe Mothana, workhop facilitator of the human rights non-profit organisation, the Legal Resource Centre (LRC).
Mothana addressed local educators and social workers at the ZCBF’s Pelican Hall this week in an awareness campaign on prevention and management of sexual violence in schools and the cultural practice of ukuthwala.
‘If a learner reports to a teacher that she was raped, it’s the school’s duty to report the matter to police.
‘If you don’t report, you are a perpetrator. Do not report abuse to the family first,’ Mothana said.
‘The first step is to protect the child’s identity, respect their right to privacy and ensure that the victim immediately receives medical treatment against possible HIV infection, which has a window period of 72 hours.
‘The child must be taken to the nearest clinic or medical facility such as a Duduzela Care Centre.
‘Lifeline, the Department of Social Development (DSD) or the police will arrange a place of safety.
‘Teachers are not trained as social workers or psychologist and may damage the state’s case if the child is interrogated or memory is tampered with.
‘Social workers are trained to help the police to narrate a child’s story,’ she said.
Intimidation
During discussions, teachers reported being intimidated or threatened by parents after reporting cases, especially involving relatives and neighbours.
Parents often accept ‘compensation’ from the perpetrator and say the matter has been resolved.
Educators also fear legal repercussions for themselves should the allegations later prove to be unsubstantiated.
But a social worker of the Department of Education said teachers who report a suspicion can never be criminally charged, because they are under legal obligation to do so and the Protection against Harassment Order is also available to anyone being intimidated or threatened.
Mothana said active school-based support teams and strong codes of conduct within schools can help to deal with promiscuous teenagers who engage in sexual activities, even in classroom.
‘They often are victims of abuse and therefore act inappropriately. Attention seeking activities may be a cry for help.’
The LRC national office is based in Johannesburg and aims to use the law as an instrument of justice for vulnerable and marginalised communities and individuals who suffer discrimination, and are available to present workshops.
Visit www.lrc.org.za or e-mail them on info@lrc.org.za.
LifeLine Zululand can be reached on 035 7892472, 035 789 0157, or Crisis Line on 035 789 7788.
