Cape Town - As courts grapple with the consent question, the number of rape convictions has dipped sharply from 2018, figures presented by Justice and Correctional Services Minister Ronald Lamola show.
The minister was responding to FF+ MP Dr Pieter Groenewald, who asked him for the number of rape cases heard in courts from 2018, the number of crape cases prosecuted successfully and those in which the National Prosecuting Authority failed to secure a guilty verdict.
There were 4 215 verdicts in 2018/19, 3 984 in 2019/20, only 617 in 2020/21 and 2 789 in 2021/22.
The regional courts recorded 2 820 convictions (67% conviction rate) and 1 395 acquittals in 2018/19, 2 684 convictions (67% conviction rate) and 1 300 acquittals in 2019/20, 435 convictions (71% conviction rate) and 182 acquittals in 2020/21 and 1 821 convictions (65% conviction rate) and 968 acquittals in 2021/22.
Convictions in the high courts decreased from 868 in 2018/19 to 647 in 2021/22.
Lamola said the reasons for acquittals were not recorded in each case.
He said some of the more common reasons for convictions not to be achieved were:
● Consent, “which is often difficult to disprove consent where the rape has not resulted in any injuries or where circumstances may not support an inference to be drawn from the facts of the case”.
● Identity, especially in the absence of DNA or other evidence to support the identification of the accused.
● Witnesses who withdraw. Lamola said: “The State is aware of the difficulties in proving cases of rape, as well as similar sexual offence charges, including general gender-based-related offences.
Acclaimed lawyer Tembeka Ngcukaitobi SC, as acting judge along with Judge Nyameko Gqamana, previously came under fire for a judgment he delivered, effectively overturning a seven-year sentence given to Loyiso Coko for raping his partner.
Lamola said: “The NPA as well as the Justice and Constitutional Development Department, in co-operation with other government departments are doing a lot of work in this regard.”
He said the establishment of Thuthuzela Care Centres ensured victims received help and evidential support was provided, including counselling for victims and matters could be reported.
“The prosecution also assists victims at court by means of court preparation,” Lamola said.
Although he said the conviction rate in general sexual offences was remarkably higher, his figures show convictions had tanked from 4 724 (74.4% conviction rate) in 2018/19 to 3 402 in 2021/22 (74.2%)
Rape Crisis advocacy specialist Jeanne Bodenstein said the number of convictions was influenced by a number of factors.
“There are many points of attrition in the criminal justice system. The prosecutors employed by the National Prosecution Authority (NPA) can only prosecute a case if there is a reasonable prospect of a conviction.
“So whether or not they prosecute depends a great deal on the investigation conducted by SAPS.”
Bodenstein said what happened immediately after a rape was crucial for a successful prosecution.
Bodenstein said Rape Crisis had ongoing engagements with Lamola’s department and the NPA.
No