Secondary victimisation in the court procedures of rape cases : an analysis of four court cases

[摘要] ENGLISH ABSTRACT:Violence against women is a serious offence. Emotional and physical abuse canhappen to our daughters, sisters and wives. Rape is a form of violence againstwomen. It violates a woman's privacy, dignity and it makes her feel as if she has lostcontrol. The criminal justice system is there to protect the citizens of a country andthis protection should extend to women when they have been violated. The criminaljustice system has different structures, for example the courts, medical services andpolice services. The staff of the criminal justice process do not have an inherent dutyto care about rape survivors but they can be trained to treat survivors withconsideration and sympathy to counteract the effects of the rape and secondaryvictimization experienced by rape survivors. It is important that there are guidelinesfor the staff of the criminal justice system to assist them in rape cases.This thesis explores whether women experience secondary victimisation duringcourt proceedings. To assess whether it occurs, court transcripts were analysed witha focus placed on the background of the court case and the verdicts of the judges.Findings indicate that secondary victimisation do occur during court cases. Rapesurvivors feel as if they are on trial and not the rapist. Survivors furthermore believethat they will have to live with the label that they had been raped and humiliated.The thesis recommends that officials of the criminal justice process should receiveextensive training, and looks at the Sexual Offences Court in Wynberg as anexample of an improved system for rape survivors. It is recommended that theprocedures of the Sexual Offences Court should be evaluated on a regular basis toaddress secondary victimisation problems that may persist. Communication is veryimportant during the rape trial. The rape survivor has to be informed about her caseand about the location of the rapist at all times.

[发布机构] Stellenbosch University