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Conclusion
This study presents a snapshot of the views of survivors of violence. Generalisations should be considered as guidelines rather than definitive conclusions.
The findings highlight the range and diversity of women’s experiences of violence, as well as the fact that seeking help is a complex process. The severity alone of a particular incident of abuse does not always prompt women to approach outside helping agencies. If support is to be provided, consideration must be given to ways of encouraging women to approach helping agencies in the first place.
The experiences of women suggest a need for the following:
- Better collaboration should be established between the various departments and sectors dealing with violence against women. More than any other crime, reducing violence against women requires the co-ordinated efforts of four government departments often within hours of the offence being committed, namely Safety and Security, Health, Welfare and Justice. Special efforts are needed to ensure referrals between the agencies concerned, as well as standardised procedures, protocols and training.
- Multidisciplinary teams should be available to provide specialised services, ideally located under one roof.
- The improvement of current protocols and the efficiency of services is required. Some departments have made more progress than others have in their treatment of survivors. Priorities for improving service should be identified within each department. Efforts that target a select few problems are more likely to have results than general attempts to improve training and provide resources.
- Services should be upgraded, both in terms of operating hours and availability. The emotional impact of violence is widespread, ongoing, often identified as the most severe result of abuse, and mostly inadequately treated. Existing victim support services are not able to respond to survivors’ needs. If public awareness on the issue is raised, pressure on services will increase. Community-based alternatives should be explored, particularly since most women indicate a willingness to participate in such initiatives.
- Education and awareness are key to change the attitudes and practice around women abuse.
- Harsher punishment for offenders is required.
These recommendations need to be considered in the context of available facilities and services. Should greater numbers of women seek help more frequently, it seems unlikely that current services would be able to meet the need. Any education or awareness-raising aimed at encouraging women to use services should be accompanied by a simultaneous increase in services and personnel.
In many instances it is important simply to ensure that current services function more effectively. This could be done through training, monitoring and regular staff appraisals. Service agencies in all their guises (from the criminal justice system through to counselling agencies) need to evaluate their services regularly and critically.
The South African government has responded to the epidemic proportions of violence against women in various ways, namely by passing legislation, developing departmental policies and directing the investigation of sexual offences by the Law Commission.
The passing of the Domestic Violence Act, No 116 of 1998 marked a distinctive shift in the law relating to domestic violence in that, possibly for the first time in South African law, violence against women has been defined and reflected in legislation as it is experienced by women themselves. In the passing of this legislation, the South African government has attempted to, and has to a large extent succeeded in fulfilling its international commitments and obligations towards ending violence against women (as contained especially in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women) as well as its commitments in terms of the Bill of Rights in the South African Constitution. While the Act on paper seems to provide the relief required for domestic violence situations, the greatest concern is the implementation of the legislation by the various roleplayers. Unless there is significant adherence to the law by both police and prosecutors, this legislation is bound to remain one of theory. The police and the courts must utilise this legislation in a way that sends the message to civil society that violence against women will not be tolerated. It is therefore imperative that the application of this new legislation is closely monitored. Women, in particular, must be informed of their rights in terms of this legislation, including the right to report police officials who do not comply with its provisions. It is vital that the wide definition of domestic violence is acknowledged and implemented by both the police and the courts.
In September 1997, the National Policy Guidelines for Victims of Sexual Offences were released which contained detailed practical guidelines for the management of sexual offences against adults. These guidelines were developed by the departments of Justice, Safety and Security, Health, Welfare and Correctional Services. Although the guidelines contain valuable information that could greatly affect the experiences of victims of sexual offences if implemented correctly, it is unfortunately true that the guidelines have not been implemented in any real way by any of the above departments. It is also important to note that many aspects of the guidelines need revision.
The Project Committee on Sexual Offences of the South African Law Commission is presently investigating sexual offences against adults and children with the mandate to propose legislation on the revision of the substantive law, as well as proposals regarding the evidentiary and procedural aspects of sexual offences. It is anticipated that these proposals will more accurately reflect the experiences of those who are subjected to this form of violence and will attempt to reform the criminal justice process to acknowledge the role of victims in this arena. It is largely due to the fact that victims feel excluded and alienated by the criminal justice process that sexual offences remain the most underreported of all crimes. These proposals will attempt to alter this situation.
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