Acknowledgements

The Royal Danish Embassy and the European Union for funding the study and the Ford Foundation, USAID, US Embassy in Pretoria and Standard Bank (for the ISS's Criminal Justice Monitor) for the publication of the results. All the survivors who gave generously of their time to be interviewed. Without their patience and courage, the study would not have been possible. All those individuals and organisations that assisted with the fieldwork and interview process. They were key to the success of the study, not only in conducting the interviews with survivors but also for participating enthusiastically in the focus groups to discuss the findings and deepen our understanding of the difficult issues they face on a daily basis. There are too many to thank individually here. All the people and organisations that assisted are listed in full in Appendices 1 and 2. Experts in the field who provided advice, guidance and critical comment throughout the process. The study has been the culmination of many years' work, starting with the design and set up of the initial phase (in metropolitan areas of the country) to the completion of the national study some three years later. In particular: z Charlotte Gaitskell who led the first phases of the metro study while at DRA Development. Charlotte wrote, consulted and helped modify the questionnaire and selected and guided all the team coordinators, designed and conducted workshops for fieldworkers in each city and conducted pilot studies and supervised the fieldwork process. z Thanks also to Lily Artz, Lisa Vetten and Lala Camerer who assisted during the metro and national study. z For the national study, the steering committee who provided valuable input throughout the process. z Lizette Meyer and Kerry Vermaak from DRA development for organising and managing the fieldwork phase of the national study which required perseverance, patience and logistical skill that many of us just do not have. z Shahana Rasool, who joined a complex project after it had already begun, and brought enthusiasm, guidance, good ideas and many adjustments with out which the final product would not have been what it is. z Patrick Burton from DRA development for helping to edit the final report of the national study. List of figures

Figure 1 The proportion of survivors that experienced different types of abuse 39

Figure 2 Duration of emotional abuse, by settlement type 45

Figure 3 Duration of physical abuse, by settlement type 50

Figure 4 Duration of sexual abuse, by settlement type 54

Figure 5 Survivors who never spoke about the most serious incident of abuse, by settlement type 56

Figure 6 Perpetrators of abuse, by abuse type 62

Figure 7 Perpetrators of abuse, by settlement type 64

Figure 8 Employment status of perpetrators, by type of abuse 67

Figure 9 Behaviour of perpetrator after abuse, by type of abuse 69

Figure 10 Outcomes that survivors of abuse worry about 84 viii Violence against woman

Figure 11 Time elapsed before recieving medical assistance 97

Figure 12 Women who were satisfied with service received from medical personnel 101

Figure 13 Type of counsellor 107

Figure 14 Women who felt understood by counsellor 109

Figure 15 Women who were satisfied with services provided by counsellor 112

Figure 16 Sought help from police 153 List of tables

Table 1 Metropolitan phase sample breakdown 17

Table 2 Metropolitan phase weighted sample breakdown 18

Table 3 Non-metropolitan phase sample breakdown 18

Table 4 Combined metropolitan and non-metropolitan sample breakdown 19

Table 5 Research team breakdown by generic category and organisation 24

Table 6 Combined metropolitan and non-metropolitanbreakdown by settlement type 26

Table 7 Women's definition of abuse according to the worst incident experienced 38

Table 8 Age at which most serious incident occured 40

Table 9 Types of economic abuse experienced 41 x Violence against woman

Table 10 Types of emotional abuse experienced 43

Table 11 Were you alone or accompanied at the time of the most serious incidents of emotional abuse 44

Table 12 Types of physical abuse experienced 46

Table 13 Were you alone or accompanied at the time of the most serious incidents of physical abuse 47

Table 14 Types of sexual abuse experienced 51

Table 15 Were you alone or accompanied at the time of the most serious incidents of abuse 53

Table 16 Marital status of perpetrators 65

Table 17 Age of perpetrators, by type of abuse 66

Table 18 Income earned by of perpetrators, by type of abuse 68

Table 19 Types of treatment or assistance suggested by survivors of abuse, by type of abuse 71

Table 20 Effects experienced at the time of abuse, by type of abuse 77

Table 21 Effects of abuse reported at the time of the inerview, by type of abuse 79 Violence against woman xi

Table 22 Systems of stress associated with violence against women experienced 82

Table 23 Amount of time survivors attended councelling, by type of abuse 110

Table 24 Amount of time survivors attended councelling, by age 111

Table 25 Outcome of cases that were reported to the police 169 About the authors

Shahana Rasool has been actively involved in the violence against women sector in South Africa for several years in activities ranging from counselling and community work to training and research. She spent a year at the ISS as lead researcher on the national violence against women survey. Shahana is currently working in Sydney, Australia. She has a BA Social Work (Honours) from the University of the Witwatersrand in Johannesburg. As a Rhodes Scholar, Shahana obtained a Masters in Social Policy from Oxford University.

Kerry Vermaak is a senior researcher at DRA in Durban. She joined the private research company in June 1999 as a researcher on the national violence against women survey. Previously, she worked on community project evaluations at the Child and Family Centre. Her responsibilities at DRA include project planning, fieldwork and data management, data analysis, writing and presentation. She has worked in the areas of violence against women, drug use, social capital and mental health, and adolescent sexual behaviour and HIV/AIDS. Kerry has a Bachelor of Social Sciences (Honours in Psychology) from the University of Natal.

Robyn Pharoah is a senior researcher at the ISS on the AIDS and security in SADC project. Prior to joining the ISS, she was a senior researcher at DRA. She has also worked at the Centre for Social and Development Studies, based at the University of Natal in Durban. Robyn has been involved in a variety of research projects including a number of social impact studies, baseline studies and evaluations. Her special interests include health, gender and land issues. Robyn has an Honours Degree in Anthropology from the University of Durham, United Kingdom and a Masters Degree in Development Studies from the University of Natal, Durban.

Antoinette Louw is head of the Crime and Justice Programme at the Institute for Security Studies in Pretoria. She has been researching crime, violence and criminal justice in South Africa since 1991 when she joined the Centre for Social and Development Studies at the University of Natal. Since 1997 when she moved to the ISS, her work in the policy research field has covered victimisation surveys, crime prevention policy and practice, policing, and public perceptions of justice and xiv Violence against woman safety. Antoinette has a Masters Degree in Political Studies from the University of Natal, Durban.

Aki Stavrou is a development researcher and policy analyst who began researching violence and conflict in South Africa during the mid-1980's. He work in the sector has since included leading research teams undertaking victimisation studies in four South African and two East African cities, as well as in rural South Africa. He has also conducted two major qualitative studies on children in armed conflict in Northern Uganda for the Institute for Security Studies. In addition to this book, similar work on violence against women has been undertaken in Dar Es Salaam and Nairobi. He is currently a researcher at the Irish Centre for Migration Studies at the University College Cork in Ireland. Executvie summary

Aims and methodology

The aims were to inform policy direction on violence against women broadly, and to provide practitioners with pointers about specific service delivery issues. One thousand survivors of economic, emotional, physical and sexual abuse were interviewed across all nine provinces. Only women who had experienced abuse were interviewed. The findings do not therefore indicate the extent of violence against women in South Africa. Ninety eight professionals working in the field of violence against women from across the country assisted in sourcing survivors and administering the interviews. The sample is, as a result, skewed in favour of those women who sought assistance after abuse.

Experiences of abuse

Women were most likely to define abuse in terms of physical aspects, even though many had experienced other types of abuse. 80% had experienced emotional abuse, 76% physical abuse, 63% sexual and 62% economic abuse. 32% had experienced all types of abuse. All four types of abuse (to a lesser extent sexual abuse) tended to be experienced over a long period of time. The most common location for abuse was in the home. Survivors of emotional and physical abuse tended to be in company (commonly children) when the abuse occurred. Although many women do not report abuse to the authorities, the assumption that women do not speak about abuse is false. For all types of abuse, at least half the survivors spoke about the incident immediately. Most told friends and family members.

Perpetrators of abuse

Over half of the women who experienced economic, emotional and physical abuse said the perpetrator was a spouse or partner. Survivors of sexual abuse were as likely xvi Violence against woman to be abused by a stranger as by a partner or spouse. Most perpetrators were married at the time of the abuse. These findings show the extent to which the problem has become normalised within domestic relationships. Irrespective of the type of abuse, perpetrators tended to act as though nothing had happened after the incident. Few abusers showed remorse. This indicates the extent to which this violence has become accepted in society and that most abusers do not recognise their behaviour as abusive.

The impact of the worst incident of abuse

The vast majority experienced feelings of anger, depression, changes in sleeping patterns and flashbacks. 18% of survivors of emotional and physical abuse, and 22% of sexual abuse survivors, had attempted suicide. If not dealt with, these symptoms could develop into a range of psycho-somatic illnesses. This explains why women who are in abusive relationships are more likely to present to their doctors with medical problems ranging from chronic pain to gastric trouble. Few women discussed wanting to, or actually leaving the abusive relationship. Besides emotional dependence and commitment to children, reasons why women find leaving abusive relationships difficult include lack of housing, day care and support services, fear, isolation, and other feelings related to social stigma. The main concern for survivors of sexual abuse was contracting a sexually transmitted disease or HIV/AIDS. Many were concerned about becoming pregnant and having a child. 19% of survivors of sexual abuse contracted a STD, 15% became pregnant, and 11% had a child as a result of the most serious inci-dent of sexual abuse.

Service received by the police

46% of the women reported the worst incident of abuse to the police. Survivors who were sexually abused by people close to them were less likely to report to the police: only 39% who had been sexually abused by a relative and 45% of those abused by a spouse or partner reported to the police. By comparison 69% who were sexually abused by a stranger reported. 57% who reported were given the name of the officer who took their statement and 52% were given the name of the officer investigating their case. Just under half were given a case number. Less than a quarter were informed of their right to make a supplementary statement at a later stage. 32% were told of their right to be informed when the perpetrator was arrested or released pending trial. Even fewer were actually given this information. 44% of those who reported a case of domestic violence were informed of the interdict. Although the police largely neglected procedure and rarely informed women of their rights and legal options, most women (especially in rural areas) felt that the Violence against woman xvii police were willing to help, believed them and understood their problem. Women living in the metropolitan areas were the least likely to be satisfied with the service from the police. According to focus group discussions, women in rural areas may have been more positive about the police because they generally do not know their rights.

Service received by doctors and nurses

Less than half the women sought medical help after the most serious incident of abuse. There was often a delay between the time of abuse and the time that women sought medical assistance. The lack of transport was the most common reason for this delay. In the vast majority of cases, the medical personnel did ask survivors who it was that had abused them. Almost all the women provided truthful information about the abuser. This confirms that health care providers have an important opportunity to identify and help abused women because of their ongoing contact with women. They can perform an important service simply by breaking the silence surrounding abuse and putting women in contact with individuals and groups better prepared to deal with their violence related problems. The vast majority of survivors in the survey were satisfied with the service they received and felt that the medical personnel who assisted them believed their story of abuse.

Service received by district surgeons

Less than 20% of survivors of rape were examined by the district surgeon. Among those who were, in 66% of cases, the police or other agencies such as social workers, took the survivor to the district surgeon. Over a third of the women were examined more than four hours after the incident. Lack of awareness among survivors that they needed to consult the district surgeon as well as lack of transport were the reasons given for delayed examinations. 82% of survivors were examined by a male district surgeon. Only 46% reported that another woman was in the room when the examination took place. 23% of survivors said the district surgeon had not treated them for pregnancy or sexually transmitted diseases. Most (75%) were nevertheless satisfied with the way they were treated.

Service received by counsellors

46% of the women sought help from a counsellor for the most serious incident of abuse. Survivors of physical abuse were least likely to have received counselling. xviii Violence against woman

Most women felt understood by the counsellor and were satisfied with the treatment they received. Women were more likely to have sought help from a social worker than from lay counsellors, psychologists and psychiatrists. 56% of the women who had been economically abused approached a social worker for assistance, compared to only 38% of survivors of physical abuse, 36% of emotional abuse and 33% of sexual abuse survivors. This could confirm that the primary concern of state welfare workers is the effective administration of pension, maintenance and social assistance grants.

Treatment by family, friends and ministers of religion

60% of women turned to family members for assistance after the most serious incident of abuse. The focus group discussions revealed that efforts need to be made to help family members understand the dynamics of abuse and respond appropriately to survivors. 43% of women sought help from friends after abuse and only 20% sought help from a religious person after the most serious incident of abuse. The latter finding is supported by other research in which rural women interviewed in the Southern Cape felt that the church did play a positive role in their lives, but that it was not 'effective' in dealing with issues of violence against women. Church leaders did not generally refer to domestic violence as a 'social ill'.

Conclusions

The national study confirms trends that practitioners and researchers have observed for many years about violence against women. With one exception-the survey shows that women do speak about abuse. The important question is how those that survivors confide in, respond. In addition to this, six concluding points are discussed: z the family as a source of assistance to survivors; z the medical profession as a source of assistance; z councillors are key service providers and should consider particular areas for intervention; z understanding patterns of reporting to the police; z more careful monitoring of police service delivery; z striking a balance between reactive and preventive measures. The vast majority of the policies and strategies developed to deal with violence against women respond to survivors' needs after the abuse has been committed (and usually after a survivor has made the decision to report it to the police). The most important challenge remains how to prevent violence against women and how to convince survivors (and often their families and the communities in which they live) that accessing the services of the police, courts and even councillors will be worth their while. Chapter one

Introduction

In a society where crime is endemic, what can be said about the extent, nature, and response to violence against women, based on the findings of a national survey? The survey says little about the extent of the problem partly because it did not intend to (only survivors were interviewed), but also because of the complexities of producing such a figure. This study does however provide valuable insights into the nature of violence against women and more importantly, how we as individuals and as a society respond to it. The results confirm that violence against women is most likely to happen in the home, a supposed safe place for women. What then are the implications for women's vulnerability in a crime-ridden society where the common response is to build high walls and encourage people, particularly women, to stay indoors? Will this prevent violence against women? The survey also highlights that most women know the perpetrator - another finding that confirms what researchers and practitioners have been saying for years. What the survey does provide is a unique opportunity to evaluate the appropriateness of our responses to the problem. Increasingly government and non- government organisations are actively pursuing options to assist women survivors of violence. This study explored survivors' experiences of these services. The findings were varied: some confirmed what we already know, others raised interesting new issues. The question that persisted throughout was: if so much of this is known already (and the survey confirmed that little has changed), what does this say about current policy and practice? How can we ensure that the next time a study of this kind is conducted, the results will be more positive? The motivation to conduct a study on the nature and impact of violence against women, and to assess the treatment women received from service providers, began five years ago with the Institute for Security Studies' first city victimisation survey. The survey was conducted in Johannesburg and aimed to understand crime generally and help planners develop a crime prevention strategy for the city. It soon became clear that the victim survey would provide very little useful information on one of the most important crime problems facing Johannesburg and South African society in general-violence against women. The seriousness of the problem has, since 1994, been acknowledged at the highest levels of government evidenced in many speeches, policy statements, 4 Violence against woman strategies and legislation. Violence against women is also the only focus area that has consistently been included in the guidelines and funding frameworks of almost every foreign donor and foundation operating in the sector in South Africa since 1994. Despite this level of attention, several features of the response to violence against women are noteworthy and also motivated the national study: z Resources and energy have too often been wasted on debates about the extent of the problem, how to measure it, the availability and accuracy of rape statistics, and trying to reach consensus on one particular figure of how many women report rape to the police. International literature and victim surveys have illustrated that attempting to quantify the problem is not helpful. As a result, this study focused instead on the nature and impact of abuse. Both of the latter types of information provide clear areas for intervention, rather than just ongoing debate. z There are too few projects underway that aim to systematically monitor and evaluate the impact of the different strategies and responses, in government and outside of government, to violence against women. This is unfortunate because South Africa's scarce resources need to be directed to those projects or activities that are likely to produce the best results. Hoping to shed some light on the area of service provision to survivors, the national study focused on assessing the treatment of women by a wide range of agencies. z Many of the efforts, both governmental and non-governmental, to research and assist survivors of violence, have been focused in the metropolitan areas of the country. As a result, the study interviewed women in rural, urban (small town) and metropolitan areas across the country. The aims of the national study were to inform policy direction on violence against women broadly, and to provide practitioners with pointers about specific service delivery issues. As in any study on the issue of violence against women, the greatest challenge lay in the methodology. Surveys and quantitative instruments are not only difficult to apply, but rarely reflect the complexity of the problem. Mindful of this, the study included qualitative components in the form of focus groups and in-depth record- keeping of particular cases that were reported to the survey. These are presented throughout the book. It is hoped that the survey data will provide the hard facts sought by policy makers. The many narrative accounts by survivors and the counsellors who conducted the interviews are included to remind the reader of the hard realities about violence against women: what it means to live in constant fear and uncertainty among the people you should trust the most, within the confines of your own home- the place where you should feel safest. The book is structured in four parts. The first provides an introduction to the study and its methodology. The second outlines the nature and impact of abuse, including women's experiences of the four types of abuse (economic, emotional, Introduction 5 physical and sexual), an analysis of the perpetrators of abuse, and finally the effects of abuse as described by the survivors. The third part is devoted to women's experiences with service providers, including the police, courts, doctors and nurses, district surgeons, counsellors, and informal sources of support such as friends and family. The fourth part attempts to draw the results of parts two and three together in a discussion about the extent to which government's policy responds to violence against women as recorded in the survey. As with its administration, the presentation of the results of the national study has been a complex undertaking. The authors have attempted in each chapter to present first the results of the total survey sample followed, where significant, by results for the various types of abuse and for survivors living in either rural, urban and metropolitan areas of the country. In each section, a discussion about the meaning of the results follows the presentation of the data. Chapter two

Methodology

Key findings z The study gathered information on economic, emotional, physical and sexual abuse. z 1 000 women were interviewed across all nine provinces. The sample was stratified according to metropolitan, urban and rural areas, age, race and domestic and non-domestic abuse. z Non-probability sampling methods were used. Interviewers, who were all trained lay counsellors, social workers or psychologists, identified the women to be interviewed and conducted the interviews. z 64 organisations working in the field of violence against women from around the country were contacted about the study. 98 professionals joined the project and administered the interviews. z Focus groups were conducted with the interviewers in each province to ascertain whether the results of the survey reflected their experience in the field. They also helped to deepen our understanding of violence against women. z Since only women who had experienced abuse were interviewed, the findings cannot be used to indicate the extent of violence against women in the population. z Since service providers were predominately used for the selection of participants, the sample is skewed in favour of those women who sought assistance after abuse. 8 Violence against woman

The challenge of researching violence against women

Methods of collecting information about violence against women have varied depending on who is collecting the data, the funds and time available, the reasons for doing the research, and the level of social and political interest in the issue. Several studies have been conducted in South Africa, with different aims and methods. These methods can broadly be grouped into two categories: statistical approaches including surveys of the records of agencies that provide support services and government departments; and non-statistical or qualitative approaches such as recording case histories, conducting in-depth studies using interviews, participant observation and focus groups. These various methods are briefly discussed below. Statistical information on violence against women is often gathered using surveys such as victim surveys or more general surveys in which questions about violence are included along with questions about a range of other issues. Examples of such surveys in South Africa are the three household surveys conducted by the Department of Health, the national Victims of Crime survey conducted by Statistics South Africa, and the three provinces study conducted by the Medical Research Council.1 Similar surveys that used a random sample method are the four ISS city victim surveys and CIET Africa's study of rape in the Southern Johannesburg Metropolitan Council.2 Statistical information can of course also be gathered using surveys that focus specifically on violence against women-such as the survey covered in this book. Currently there is no national random sample survey in South Africa that is aimed specifically at determining the incidence and/or prevalence of violence against women. Other than surveys, sources that can also provide statistical information include the records of agencies-usually community based or non-governmental organisations-which provide services to survivors. Police, district surgeons, correctional services and hospital records are also a source of statistics. The more common sources of information about violence against women in South Africa are those that are qualitative, or non-statistical. Recording case histories, conducting in-depth studies using interviews, participant observation and focus groups are often the preferred method of researching violence against women. Organisations and researchers in the sector are of the view that violence against women is about the experience of the survivor-something which quantitative surveys are unable to capture.3 This view reflects arguments made by feminist theorists who question the objectivity of statistical social science research.4 They contend that the manner in which research is conducted and the way in which questions are formulated and asked can and do exclude the experiences of women. This often contributes to their oppression. The experiences of women are more likely to be captured during Methodology 9 interviews in which the power dynamics between interviewer and interviewee are minimised, and women feel able to direct the interview. Some local studies on violence against women reflect this perspective.5

Approach of the national survey

The national survey on violence against women attempted to combine aspects of both quantitative and qualitative research methods. The statistical aspects aimed to investigate issues which researchers and practitioners have understood to characterise violence against women situations. The survey also included many open-ended, probing questions that allowed the survivor to describe her experience, thereby drawing on qualitative research strategies. The qualitative aspects were used to understand the way women define and experience violence. This draws on feminist principles that highlight the importance of the subjective experience of the survivor and locate the survivor at the centre of the research process rather than as a mere subject. The survey therefore attempted, using statistical methods, to generalise about survivors' experiences of violence. At the same time it attempted to understand the issue from the survivors' perspective using qualitative approaches. However, a problem that has been identified with regard to recent victim research can be levelled at the national survey on violence against women. Despite attempts to consider the experiences of women in the analysis of the problem, "...the tools used continue to rely on studies conducted on such a grand scale that they cannot analyse or understand the victims' individual experience."6 This becomes clear when trying to analyse 1 000 open-ended, diverse responses many of which represent a unique experience. Quantifying these responses means losing the complexity and the intense trauma that characterises violence against women. Nevertheless, quantifying the material provides some understanding of the common threads that run through violence against women. These are significant when planning interventions and prevention strategies to address the issue in public policy. Given that the national violence against women study aimed to contribute to policy development and an improvement of services available to survivors, the importance of quantifying the material is evident.

Aims of the survey

The main objective was to inform policy direction on violence against women in South Africa. The survey was unique in its attempt to gather quantitative information about the treatment women received from service providers such as the police, 10 Violence against woman judiciary, medical services and counsellors. To be meaningful, this information had to be complemented by material on the nature, experience and impact of violence. Given its aim and the difficulties and costs involved, the survey did not attempt to ascertain the prevalence or incidence of violence against women. Rather the focus was on whether women made use of services to deal with their experiences of violence, and evaluating the nature and quality of these services. The study covered a number of areas: z how women interpreted the different types of abuse; z the profile of women who are abused; z the profile of the abusers; z the impact of abuse on the survivor; z the patterns of the various service delivery agencies. The type of violence and abuse that the research investigated was based on the 1994 United Nations Declaration on the Elimination of All Forms of Violence against Women: "Any act of gender based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or private life." This definition is a broad one, potentially encompassing a wide range of acts. In terms of this definition, the research investigated any type of violence directed against a woman because she is female, and specified four forms of abuse: economic, emotional, physical and sexual.

Types of abuse covered in the study

Economic abuse includes any coercive act or limitation placed on an individual that has adverse economic implications on the woman and/or her dependants. This includes not allowing a woman to work, forcing her to hand over all or part of her earnings, or drawing from her personal or a shared bank account without her knowledge or consent. Emotional abuse is determined to be any act associated with psychological, spiritual, and other forms of abuse that relate to an individual's sense of integrity, freedom of expression and well-being. Emotional abuse includes acts such as withholding affection by a person in an intimate relationship, verbal attacks, constant belittling, controlling behaviour, insulting behaviour, and threats to harm the woman, her children, pets or belongings. Physical abuse is considered to be any deliberate physical assault on an individual's body that harms her in any way. It may or may not involve visible signs of injury. Among others, this may include kicking, hitting, slapping, choking, burning, stabbing and shooting the victim. Methodology 11

Sexual abuse is defined as any unwanted physical invasion of an individual's body that is sexual in nature. Sexual abuse ranges from touching and kissing, through to forced oral sex, rape and being forced to perform prostitution or bestial acts.

How women were selected to be interviewed

South Africa has a population of over 40 million, of which 53% are women. The largest group of people are African who comprise 74% of the population, followed by whites (14%), coloureds (9%) and Indians (3%). In each race group, women make up slightly more than half the population: 53% among Africans and coloureds and 52% among whites and Indians. A total of 60% of the whole population resides in urban areas. The largest group of women residing in rural areas are African women (93%). In order to ensure that the sample drawn was representative of all women in South Africa, it was necessary to ensure that random sampling techniques were used. The sample would thus need to represent the experiences of survivors so that the findings could be generalised to all survivors in South Africa. In order obtain a sample that is random, probability sampling methods are used. However, the use of probability sampling methods is not possible for certain target groups because it requires a complete list from which to choose respondents. Individuals are chosen from the list in a systematic way that will allow all members of the population the same likelihood of being included in the sample. This list is drawn up by first defining and then mapping the population. In order to map the population, it is necessary to identify the majority of sites where target group members congregate in sufficient numbers on a regular basis. This is however not possible for those groups whose members do not congregate in fixed locations and for whom it is thus impossible to develop a complete list of potential sample sites. Abused women do not congregate in a fixed location as other populations, which are hard to access, might do. For example, sex workers may be found at certain locations such as street corners and brothels. The one alternative was a household survey. But this also presented problems of confidentiality and risk for women who had been abused. Interviews with abused women would take much longer than those who had not been abused, thus enabling them to be easily identified, particularly in small communities. This could place the woman in physical danger from the abuser if he should become aware of the interview.

Network sampling

When faced with these sampling problems, non-probability sampling methods are used. For example, targeted snowball or network sampling. These methods 12 Violence against woman compensate for the lack of a sampling frame by learning the identities of members of a given 'network' of persons through key informants. In this study, the key informants were the interviewers. Being trained lay counsellors, social workers or psychologists working in the violence against women sector, they had information on how and where women might be found. The interviewers were given criteria according to the stratified sampling technique used (see table overleaf). If however the interviewer knew of special circumstances which did not fit into the sample, they were allowed to conduct those interviews to obtain data that would illustrate a point that might otherwise not have been possible to illustrate. One such case involved a woman who had killed her husband as a result of his abuse. These interviews were used to illustrate qualitative experiences in the form of case studies (discussed at the end of this chapter). Deviation from the sample was discouraged, given that this would bias the sample to the types of interviews that are easier to obtain. Despite efforts to avoid the over- or under-sampling of particular groups and to ensure a research process that facilitated the levels of disclosure required, interviews with the following groups were difficult to obtain: white and Indian women, elderly women, and women who were raped. Interviewers were knowledgeable about the myriad of social issues in the communities in which they lived. Most found it easy to identify participants either through informal networks or work contacts. Some might have conducted their quota of interviews with clients from their organisations.

The 1998 metropolitan sample

The study was divided into two discrete components. The first was undertaken during 1998 and covered the three major metropolitan regions of South Africa: Johannesburg, Cape Town and Durban. For this component, a sample of 266 women was drawn and divided equally across the three regions (Table 1). Within each of these metropolitan areas, the selected women were further stratified equally by race and two age categories: 18 to 30 years and 31 years and over. Each of these sub-clusters was then further segmented into survivors of domestic and non- domestic abuse/violence groups.7 All four of the major race groups were surveyed in Johannesburg, and as such it was divided into 16 sub-clusters. The lack of a sizeable coloured population in Durban and an Indian population in Cape Town meant that these metropolitan areas were divided into 12 sub-clusters each. Table 1 shows the sample breakdown, which was then weighted to reflect the actual racial and age divide of women in the metropolitan centres. Table 2 illustrates this breakdown by each metropolitan centre. Methodology 13

Table 1: Metropolitan phase sample breakdown

Metropolitan Domestic Domestic Non- Non- Total sample 18-30 years 31 years + domestic domestic 18-30 years 31 years + African 21 23 13 14 71 White 23 30 7 8 68 Coloured 22 26 10 6 64 Indians 16 29 11 7 63 Total 82 108 41 35 266

Table 2: Metropolitan phase weighted sample breakdown

Metropolitan African White Coloured Indians Total area Johannesburg 34 32 11 11 88 Cape Town 15 21 51 0 87 Durban 22 17 0 52 91 Total 71 70 62 63 266

The 1999 sample for the rest of the country

The second stage of the research was undertaken during 1999 and was administered across the rest of the country. The proposed sample for this phase of the research was set at 734, which would have resulted in the overall sample being representative of 1 000 South African women. For this part of the study a three stage multidimensional sampling procedure was applied. The entire non-metropolitan female population of South Africa was stratified into the 17 segments reflecting an urban-rural divide across all nine provinces.8 The exception was Gauteng which was treated as being an entirely urban area. Each of the segments was then further stratified into three age strata: 18 to 30, 31 to 50 and 51 years and over. Finally each of the sub-clusters were further segmented by race.9 The sample of 734, as shown in Table 3, was then proportionally divided into each of these sub-clusters. 14 Violence against woman

Table 3: Non-metropolitan phase sample breakdown

Towns and rural Domestic Non-domestic areas sample Rural Urban Rural Urban 18-30 31-50 51+ 18-30 31-50 51+ 18-30 31-50 51+ 18-30 31-50 51+ Total Total Eastern Cape 10 7 13 15 16 13 10 14 11 11 13 10 143 Free State 4 4 5 8 5 5 7 7 5 6 3 5 64 Gauteng 0 0 0 1 2 0 0 0 0 1 2 0 6 KwaZulu Natal 8 14 8 20 21 16 8 8 5 17 12 10 147 Mpumalanga 7 4 4 8 12 6 8 8 5 8 6 6 82 Northern Cape 4 6 4 3 6 3 3 0 1 4 4 2 40 Limpopo 9 8 8 9 11 9 9 10 6 11 10 5 105 North West 6 6 5 8 7 7 7 7 6 6 7 4 76 Western Cape 9 10 8 4 6 6 4 4 4 7 4 5 71 Total 57 59 55 76 86 65 56 58 43 71 61 47 734

Attempts were made to ensure that age10, education levels11 and vocation12 levels of the women interviewed would be representative of the population at large. Detailed information on women's incomes was not readily available, but within the sample selected, one quarter of the women had no monthly income at all, 16% survived on less than R500 per month and a further one-fifth on between R500 and R1 000. A little over one tenth had an income of between R1 000 and R2 000 per month and a fraction over 14% earned between R2 000 and R4 000 a month. A little over one eighth (13%) of all the respondents had a gross monthly income in excess of R4 000 a month. This data correlates closely with the 1996 Census statistics. A little under one fifth of all the women lived in households with less than two members, with a further one third in households with three to four members, and an almost equal amount in five to six person households. Women living in households which consisted of seven to ten people made up 16% of the sample. Finally, just under one fifth of all the respondents had no children in their care, two fifths had one or two children, just over one quarter had three or four children and a little over one tenth had five or more children. Table 4 shows the final sample breakdown by province and race, incorporating both phases of the study. What is evident from the table is an over-sample in KwaZulu Natal and the Western Cape, whilst Gauteng was under sampled. Furthermore, the African sample does not reflect the real ratio of Africans to the other race groups in South Africa. In order to correct for this, the data was weighted, for each individual sub-cluster, of which there were a total of 264. Methodology 15

Table 4: Combined metropolitan and non-metropolitan sample breakdown

South Africa African White Coloured Indian Total KwaZulu Natal 106 33 0 99 238 Western Cape 19 46 92 0 158 Eastern Cape 87 23 31 2 143 Limpopo 93 12 0 0 105 Gauteng 37 35 11 11 94 Mpumalanga 62 19 1 0 82 North West 53 19 4 0 76 Free State 44 19 1 0 64 Northern Cape 6 8 26 0 40 Total 507 214 166 113 1000

The study also aimed to interview an equal number of women who had experienced domestic as non-domestic violence. The main reason for this fifty-fifty split was the lack of statistics in South Africa that could indicate the differential levels of these types of violence. Domestic violence was defined as violence perpetrated by spouses or intimate partners, children, siblings and other close relatives (whether or not they lived together). Non-domestic violence was violence perpetrated by a stranger, traditional or other authority figure, teacher, friend, work colleague or distant relative. Defining the two terms was extremely difficult and led to lengthy debates during the training process. There needed to be a uniform understanding among interviewers of these complex and often context specific concepts. The debate centred on the difficulties of distinguishing between women who become survivors as a result of general crime and those who were survivors of gender based violence. This distinction was often difficult to make, particularly in violence committed by a stranger, as it sometimes depended on the intention of the perpetrator, about which there was no information. The interviewer therefore had to gauge this from the survivor or interpret the situation herself based on whether a man could just as easily have been a victim of the crime in question, or if the woman was a survivor because of her gender. It was agreed that mugging or a robbery by a stranger, for example, did not constitute violence against women since the victim could as easily have been a male. If a woman was raped by a stranger during a robbery however, that would constitute non-domestic violence. A decision was taken that the survey was not concerned with crime in general, but rather crimes perpetrated against women because of their gender. 16 Violence against woman

Limitations of the sample

Since only women who had experienced abuse were interviewed, the findings cannot be used to indicate the extent of violence against women in the population. The stratification according to domestic and non-domestic abuse also means that the results do not indicate the varying risk that women face of becoming victims of domestic and non-domestic violence. Rather the sample was broken down in a way that ensured that all types of abuse were covered in the survey. Another limitation of the sample is that service providers were predominately used for the selection of participants and as such it must be inferred that the sample is skewed in favour of those women who sought assistance after abuse. The sample is limited in terms of women who either choose not to have counselling, are unaware of services, or are unable to reach service providers for whatever reason. Attempting to quantify the error rate here is impossible, as the circumstances of this latter group is unknown. Furthermore, just less than one tenth of all interviews that were set-up, were either abandoned or aborted due to the potential of placing the woman at risk from the abuser if he should become aware of the interview. Again, it is impossible to quantify the resultant error rate.

Developing the questionnaire

The interview schedule was compiled with the assistance of agencies who support and assist victims of gender based violence. The process was lengthy and involved consultation about what was to be researched and the methodology used. Two pilot studies were conducted to test the draft questionnaire, after which many changes were made. The third pilot study confirmed the final format. The aim of the pilot studies was to ensure that the questions were easily understood, unambiguous and were not experienced as offensive or blaming, and that they rendered a useful range of responses. It was decided that the questionnaire should be structured in such a way that both quantitative and qualitative information could be gathered. As such the questionnaire included categorical, multiple choice and open-ended questions. This allowed for both statistical and qualitative analysis of the data.

Format of the questionnaire

Section 1 collected information on the personal or demographic details of the respondent, i.e. her age, marital status, level of education, main means of support. In Section 2, the respondent was asked how she would define woman abuse. Methodology 17

Sections 3-6 dealt with the different types of abuse, viz. economic, emotional, physical and sexual abuse. These sections all followed the same fundamental format. Each started by asking the respondent to define what she understood that particular type of abuse (economic, emotional, physical or sexual) to mean. This was followed by a series of yes/no questions on particular kinds of behaviours commonly defined as abusive by those who work with abused women. If the woman had experienced any of these abuses, she was then asked to identify from among those abuses, the most serious incident of abuse. With regard to the most serious incident of economic, emotional, physical and sexual abuse, she was asked questions about: z the nature of the incident (e.g. did it happen over time, where did it mainly happen); z her circumstances at the time of the incident (e.g. how old she was, whether she was married, how she supported herself); z the effect of the abuse on her life at the time of the incident and at the time of the interview. This included questions on the symptoms of post-traumatic stress disorder; z The abuser (e.g. her relationship to the abuser, their age, employment status). Section 7 dealt with the service providers the participant had approached for help. The following six sections (sections 8 to 13) covered the various service providers-medical personnel, police, district surgeon, legal advice and court experiences, counsellors and others. In each of these sections the respondent was then asked questions about the quality of the service provided by each agency. Issues raised in this section included the: z length of time that elapsed before the woman received assistance; z reasons for any delay in receiving assistance; z implementation of policy guidelines for the treatment of abused women in practice; z financial cost to the woman of seeking such assistance; z An evaluation of the service provider's attitudes in terms of a believing, helpful and empathetic approach to the abused woman.

Limitations of the questionnaire

Content limitations: Asking women about every experience they may have had with service providers would have been impossible, given the length of the questionnaire, time constraints and fatigue issues. Therefore participants were not asked about their general experiences with service providers, but only about their experiences in relation to the most serious incident of abuse. Thus, the many attempts that may have been made by women to receive help were not captured. In some cases women had not sought help for the incident they had described as the most serious. 18 Violence against woman

As a result, the study did not record each individual's perceptions of each service provider. Language limitations: The interviewers were required to interpret the questions and their answers into and from the home language of the respondent. In some cases direct translation of some of the questions and concepts was not always possible, and the responses from participants were also difficult to translate into English. This process is likely to have affected both their understanding of the questions, as well as their answers. Length limitations: The interview schedule was long and comprehensive. It is possible that fatigue set in towards the end, affecting the depth of the responses. In covering such a wide range of responses, details of responses may have been sacrificed. However, interviewers were trained to handle fatigue and trauma appropriately.

Selection of interviewers

A comprehensive list of national and regional, government and non-government organizations, social welfare organisations, shelters and victim support centres that assist abused women was compiled. A total of 64 of these organisations (102 if multiple branches of various organisations are included) were contacted and told about the study. The project was well received by the overwhelming majority of the organisations. The organisations contacted regarding the study provided contact details of lay counsellors, social workers and psychologists working with abused women, who they thought may be suitable to work as interviewers on the project. A total of 98 interested professionals joined the project and undertook the interviews for the study (Table 5 and Appendix 1). The decision to use skilled interviewers was taken for a number of reasons: the sensitive nature of the subject, the length of the questionnaire, the level of depth and disclosure required by the questions (particularly those on sexual violence), and the trauma associated with discussing this issue. The latter became particularly important in cases where the survivor was talking about violence for the first time. Using interviewers that could respond to the needs of the survivor represented the recognition that research is not an objective, empirical process that can provide an accurate description of reality.13 Another key factor in choosing trained interviewers was that they would understand issues of confidentiality and anonymity. They would also be in a position to arrange and conduct interviews in a sensitive and discreet manner. Other selection criteria were the ability to read and write in English (to complete the questionnaires), and the requirement that all interviewers were female. The Methodology 19 assumption was that women survivors of violence are more likely to talk to another woman than to a man, as the perpetrator was likely to have been male. In addition, it would be easier for the survivor to establish rapport and identify with another woman than with a man. This is particularly true for participants who had been abused by a man. As has been the case in other victim surveys conducted by the Institute for Security Studies, cross-racial interviews could be conducted in most instances, although the race of the interviewer generally matched that of the participant.14

Table 5: Research team breakdown by generic category and organisation

Type of counsellor Organisation Number Lay counsellors NNVAW 28 Lifeline 6 Masisukumeni 5 Victim Support Centre 2 Masimanyane 1 Psychologists Private practice 6 University of Venda 2 Social workers Department of Welfare 11 Private practice 10 FAMSA 8 Child welfare 4 Child and family welfare 2 NICRO 2 Centre for criminal justice 1 Far North Alcohol and Drug Centre 1 Franschoek ACVV 1 NNVAW 1 OKV 1 Women on Farms Project 1 Trained councillors DRA-development 5 Total 98

Training of interviewers

Interviewers were made responsible for recruiting participants, setting up interviews and conducting them. In order to prepare the counsellors for their task as interviewers, 15 two-day training workshops were conducted across the country, with the aim of ensuring that interviewing techniques were uniform. 20 Violence against woman

Interviewers were given a brief overview of the findings from the first phase of the project. The definitions of abuse used in the study were explained and discussed. The trainees were then taken through the interview schedule question by question to ensure that they understood each question. Role playing with other trainees was used to ensure that the interviewers were able to adequately translate the questions and concepts used in the interview schedule into the home language of potential respondents. Role playing with trainers was also used to ensure that the interviewers were familiar with the structure of the questionnaire. Time was also spent on training interviewers to conduct supportive and therapeutic interviews, a necessary component of research on violence against women. Interviewers were also instructed on the importance of arranging a safe and private venue to conduct the interviews at a time suited to the respondent. At the training workshops, interviewers were provided with a list of contact details, courtesy of the National Violence Against Women Network, for helping agencies in their region so that they could refer the participant for further help or counselling if necessary. The possible effects of conducting these interviews on their own psychological and emotional health was also discussed with the interviewers. The opportunity for debriefing was offered to all fieldworkers.

Quality control

As the interviewers returned completed interview schedules to DRA-Development, they were checked for quality. The researchers telephoned the interviewers with any queries they had regarding the interview and if required, the interview schedule was returned to the interviewer for correction. The major difficulty experienced at this stage was that many interviews were conducted outside of the targets each interviewer was set. This problem was due to the fact that it was extremely difficult to obtain certain generic categories of interviews. Older Indian and white women were particularly reluctant to discuss their experiences of abuse. It was also difficult to find respondents who would consent to be interviewed regarding their experience of rape.

Coding, data capture and validation

The open-ended questions were coded under the supervision of the researchers.The data from the second phase of the study was coded using the code sheets created in the first phase as a basis to allow comparison across the two phases. Methodology 21

The data was then captured using SPSS 9.0 and checked for errors. The first level of such validation is to check that all the relevant questions have been answered. Then the data is checked for consistency between the answers. Inconsistencies that arose were checked against the original interview schedule.

Weighting the data

The two data sets from phase 1 and phase 2 were then combined. The data was then weighted to ensure that the sample matched the demographics of South Africa in terms of the province and type of area the women lived in, their race and their age. Given that no figures on the incidence of domestic and non-domestic violence exist, it was not possible to weight the data on this factor. Table 6 illustrates the breakdown of the sample by the three settlement types after it was weighted.

Table 6: Combined metropolitan and non-metropolitan breakdown by settlement type

Province Settlement type Total Rural Urban Metropolitan KwaZulu Natal 109 57 40 206 20.6% Gauteng 2 13 180 195 19.5% Eastern Cape 90 63 0 153 15.3% Limpopo 98 13 0 111 11.1% Western Cape 11 32 61 104 10.4% North West 51 31 0 82 82.0% Free State 17 48 0 65 65.0% Mpumalanga 38 27 0 65 65.0% Northern Cape 6 14 0 20 20.0% Total 421 297 282 1000 100.0%

Other methodologies used in the study

To help reflect the individualised, complex nature of women's experiences of violence, case studies and focus groups were used in addition to the survey. 22 Violence against woman

Case studies

A number of case studies were written up using the open-ended questions in the surveys. In some cases the material was sufficient to write a comprehensive story, especially when the interviewer had documented details of the case in addition to completing the questionnaires. These stories give an indication of the variance in the experiences of women, despite the similarities in the facts surrounding the abuse. Moreover they help to contextualise abuse and the extent of the psychosocial trauma that is lost in the quantitative material. Although the case studies provide an indication of the women's stories, they are not the exact words of the survivor. In most cases interviewers summarised the main points or translated what the survivor had said.

Focus groups

In addition to case studies, nine focus groups were conducted country-wide with interviewers after the survey results had been analysed. One focus group was held in each province, with the exception of Mpumulanga where two focus groups were conducted.15 The aims of the focus groups were to: z ascertain if the survey findings reflected the impressions that the interviewers gained during the interview process. It was also hoped that interviewers would comment on whether the results resonated with their experiences as professionals working with survivors. The focus groups were designed to be interactive. They provided the interviewers and the research team with an opportunity to reflect on the research process and the research results. The discussions not only allowed the interviewers to talk about their experiences in the field, but to also contribute to the analysis of the findings from a grassroots perspective; z disseminate the results of the survey among a network of service providers who interact extensively with women. Some of the issues that were explored in focus groups included: z the definitions of abuse provided by women in relation to their experiences of abuse; z discrepancies between expectations and actual findings; z the reasons that women do not leave abusive relationships; z problems experienced by women when seeking help; z the processes women have to go through when trying to obtain protection orders and/or maintenance. Parallel to the focus groups in each province, an open feedback session was also held to disseminate the results more broadly in each province. Relevant local government structures, NGO's and other interested organisations were invited. Methodology 23

Conclusion

As with any research, there are limitations and strengths inherent in the methodology used to obtain the data. However, when conducting research of a sensitive nature and about which there are little baseline statistics for sampling, the major ethical constraints of confidentiality and safety of the respondents must be addressed before the more academic considerations of representation and randomness. The strength of this methodology was that it protected the respondents from a breach of confidentiality and secondary trauma, while giving a voice to as large a cross section of abused women as possible.

Endnotes

1 Department of Health, South Africa Demographic and Health survey: Preliminary Report, Department of Health, Pretoria, 1998. See also R Hirschowitz, S Worku and M Orkin, Victims of Crime survey, Statistics SA, 2000. See also R Jewkes, L Penn-Kekana, J Levin, M Ratsaka, M Schrieber, "He must give me money, he mustn't beat me": Violence against women in three South African Provinces, CERSA-Women's Health, Medical Research Council, Pretoria, 1999.

2 For one example of an ISS city victim survey see A Louw, Crime in Pretoria: Results of a city victim survey, ISS & Idasa, Pretoria, 1998. See also N Andersson, S Mhatre, S Naidoo, N Mayet, N Mqotsi, M Penderis, J Onishi, M Myburg, S Merhi, S, Beyond Victims and Villains: The Culture of Sexual Violence in South Johannesburg, CIET Africa, Southern Metropolitan Local Council, Johannesburg, 2000.

3 Francis for example confirmed that she conducted interviews with 15 adult survivors of rape since she wanted to "...learn about the women's experiences of rape rather than have a large sample (that)... would not have uncovered the details regarding the victims' experiences." V Francis, A Rape Investigation in the Western Cape: A Study of the Treatment of Rape Victims at Three Police Stations in the Cape Flats, in MI Baird, (ed) Bureau of Justice Assistance, Cape Town, 2000.

4 M Mies, Women's Research or Feminist Research? The Debate Surrounding Feminist Science and Methodology and J Acker, K Barry, J Esseveld, Objectivity and Truth: Problems in Doing Feminist Research both in M Fonow, A Cook (eds), Beyond Methodology: Feminist Scholarship as lived Research, Indiana University Press, Bloomington, 1991.

5 Masimanyane, Violence Against Women: An Exploratory Study of the Impact of the Justice system on Victims/Survivors of Domestic Violence and Rape, Masimanyane Women's Support Group, East London, 1999; L Artz, Violence Against Women in Rural Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework, Institute of Criminology, University of Cape Town, 1999. 24 Violence against woman

6 S Smaoun, Violence Against Women in Urban Areas: An Analysis of the Problem from a Gender Perspective, UMP Working Paper Series 17, United NationsUrban Management Programme, Nairobi, 2000.

7 Domestic versus non-domestic violence breakdown: overall, three fifths of all the interviews conducted were related to one form or another of domestic violence. The remaining two fifths of the interviews were related to non-domestic violence.

8 Residential breakdown: in terms of residential patterns, nearly two fifths (37%) of all the women interviewed lived in rural areas, just over a third (37%) in non-metropolitan urban areas with the balance, just over a quarter (26%) from the metropoles of Johannesburg, Cape Town and Durban.

9 Race breakdown: half (50%) of the respondents interviewed were African, a fraction over one-fifth (21%) were white, 17% were coloured and one eighth (12%) were Indian.

10 Age breakdown: nearly two fifths (38%) were in the 18 - 30 year age group, two fifths (41%) were 31 - 50 years and over a fifth (21%) were in the over 51 years age group.

11 Education breakdown: one eighth of the women had either no education (4%) or only a primary school (8%) education. One quarter (26%) had between a Grade 7 and Grade 10 and a little over one third (36%) between a Grade 10 and Grade 12 (matric). A small percentage (7%) of the women had a certificate of sorts, one tenth (11%) a diploma and one twelfth (9%) a university degree.

12 Vocational breakdown: just under one third (31%) of respondents were employed in the formal sector with a further one tenth (9%) in the informal sector. Just over one eighth (13%) of the women were self-employed, while pensions were received by 7% and disability grants by 4% of the respondents. The balance - just over one third (34%) of the respondents were unemployed and were reliant on family members for support.

13 L Artz, op cit.

14 See for example A Louw, op cit.

15 Two focus groups were conducted in Mpumalanga to ensure the inclusion of Masisukumeni Womens' Crisis Centre which is one of the only shelters for survivors of abuse in a rural area in the country. Chapter three

Women’s experiences of abuse

Key findings z Women were most likely to define abuse in terms of physical aspects, even though many had experienced other types of abuse. The definitions provided by survivors seemed quite limited when compared with the abuse that they had experienced. If women do not realise that the violence perpetrated against them is problematic, they are unlikely to seek help when it occurs. z 80% of women experienced emotional abuse, 76% experienced physical abuse, 63% sexual and 62% economic abuse. 32% had experienced all four types of abuse. z Younger women (18-30 years) were more likely than older women to have experienced abuse, although women between 31 and 50 were most vulnerable to economic abuse. z The most common location for all four types of abuse was in the home. z Survivors of emotional and physical abuse tended to be in the company of others when the abuse occurred. Commonly it was children who were present. Most survivors of sexual violence were alone. z All four types of abuse tended to be experienced over a long period of time. z For all types of abuse, at least half the survivors spoke about the incident immediately.

The following chapter explores the various ways in which abuse was experienced by women. Differences in definition, the impact of the abuse on survivors' understanding of the events, and differences in the experiences of urban, rural and metropolitan women are identified and where possible trends are highlighted. 28 Violence against woman

How women defined abuse

A definition of abuse that is comprehensive and useful when examining violence against women is one that not only covers the physical and psychological manifestations, but also the root cause of violence against women, namely gender inequality. A useful definition is the following:

"...violence against women includes any act of force or coercion that jeopardizes the life, body, or emotional integrity of women in order to perpetuate or service male power and control. Included in this category would be physical abuse, rape (including marital rape), incest, sexual harassment, female circumcision, dowry murders, trafficking of women, psychological abuse and verbal harassment. A more expansive definition would, however, move beyond the above acts to include forms of institutionalised sexism that compromise the health, integrity and dignity of women. Included here would be... lack of access to safe contraception and abortion...".1

This is one definition of abuse used by researchers and practitioners. It is taken to be an accurate reflection of the problem, since other studies have similarly found domestic violence to be as pervasive as the above definition would suggest.2 In the survey, survivors of abuse were asked to define, in their own words, what they felt abuse to be. The majority of women defined abuse in terms of the physical aspects: 25% conceptualised abuse in terms of physical abuse and 13% mentioned sexual abuse. A further 13% of survivors defined abuse in terms of emotional aspects. One tenth (11%) also made reference to the unequal balance of power that exists between men and women. Less than one tenth (6%) of survivors included economic abuse in their definition. The fact that women conceptualised abuse largely in terms of the physical, does not mean that they thought other incidents did not constitute abuse. Rather, it suggests that physical abuse is the most obvious type of abuse and one that is more often spoken about in society. Focus groups conducted countrywide with the interviewers who administered the questionnaires revealed possible reasons for women defining abuse as physical (see following box). Women’s experiences of abuse 29

"The women do not have information on different types of abuse, especially in the rural areas. There is more information in urban areas as there are awareness campaigns." Mpumalanga focus group

"There is no substantial evidence of emotional abuse. In terms of sexual abuse, especially if you are married, it is believed that men have a right to go to a woman." Free State focus group

"They don't know about the different abuses. Abuse is when someone hurts you only. With workshops they get to know about economic and emotional abuse. Before that they did not think that it was abuse—it was just part of life." Northern Cape focus group

"Women said that physical pain can be shared unlike emotional abuse which cannot be seen. Therefore, their family, friends and the wider community do not recognise it. Emotional abuse is harder to prove. There is also the attitude that emotional abuse is fine as nothing is taken from you, like in the case of rape." Limpopo focus group

"They do not think people will believe them unless the abuse is visible due to the myth of women lying about abuse. Women are taught to be passive to men regarding emotions and finance, but physical abuse is not as acceptable. Women in rural areas do not understand emotional abuse so they do not know they should report it. However, they might have their own term for it. There is also a general lack of information, for women and the police do not recognise emotional abuse." North West focus group

The focus group results illustrated the extent to which abuse is normalised in society. As a result, people stop seeing it as problematic. Moreover, the tangible nature of physical abuse together with a lack of education about abuse generally, probably contributes to women recognising physical abuse more often than other types of abuse. It is also possible that whether or not other types of abuse are recognised by the police and courts impacts on how survivors define abuse. This is supported by other research which concluded that some professionals are also more likely to believe abuse constitutes physical violence. In a study conducted with medical general practitioners, all the doctors interviewed included physical abuse in their general definitions of abuse, while only 27% referred to emotional abuse.3 How women define abuse is also influenced by the fact that, unlike researchers and practitioners, survivors rarely think in terms of definitions. As a result they are unlikely to give comprehensive definitions of abuse. It is also far easier for women 30 Violence against woman to talk about their actual experiences than about theoretical concepts. This has important implications for research and practice. Because women cannot always articulate that a particular act constitutes abuse does not mean they do not experience it as such.

How men in society understand violence against women

In a study by CIET Africa in Southern Johannesburg, men who said that they could be violent to women were asked what type of violence they could perpetrate: z 68% said they could be physically violent; z 12% said they could be verbally abusive; z 12% said they could use punishment as a form of violence, such as sending their partner back to her parents' home, taking her money away and not letting her in the house; z 3% of men said they could be sexually violent.4

How does the experience of abuse impact on women's definitions?

The survey examined the types of abuse that women had experienced and the nature of the abuse considered most serious. The findings "In rural areas, due to suggest that although it might be expected that women lobola, women expect to would define abuse according to their own experience, have to give sexually when they tended to define abuse in terms of physical harm their partners or spouses regardless of the worst type of abuse they had are concerned." Limpopo experienced (Table 7): focus group z Women who identified the worst type of abuse they had experienced as sexual were most likely to define abuse in terms of physical harm. This may be due to the fact that women who are sexually abused by their partners or spouses often do not identify this as an incident of abuse.5 Other research has found that even though women see forced sexual intercourse as rape, they often doubt whether this can be considered a crime within a marital relationship.6 z Those who had said the worst incident they experienced was physical abuse were most likely to define abuse in terms of physical harm. Interestingly, survivors of physical and sexual abuse were also more likely to define abuse in terms of power imbalances than were survivors of other types of abuse. This is probably due to the fact that these types of abuse have a more obvious physical manifestation than either economic or emotional abuse. Women’s experiences of abuse 31 z Women who had experienced emotional abuse as the worst were most likely to define abuse in terms of the physical aspects. They were nevertheless more likely than survivors of other types of abuse to mention emotional aspects in their definitions. z Women who described economic abuse as their worst incident were most likely to mention physical harm in their definitions of abuse. They were nevertheless more likely than other survivors to define abuse in economic terms. They were also more likely to conceptualise their worst incident in terms of ignoring a woman's basic human rights and disrespect. This suggests that women who experience economic abuse are more likely to associate such incidents with humiliation, degradation and gender related imbalances than survivors of other types of abuse.

Conclusions about survivors' definitions of abuse

With the exception of some of the concepts around economic abuse, the definitions provided seem quite limited when compared with the abuse that women actually experience, as well as the definitions used by "Their [women’s] upbringing researchers and practitioners. The latter are far makes them believe that men broader than the definitions used by survivors have the right to do what they themselves. It has been suggested that women's want." Free State focus group definitions of sexual coercion are mediated by a number of factors, several of which are relevant across different types of abuse. These factors include:

"...the relationship of the victim to the perpetrator, the ages of those involved, revalent social notions of gender roles in decision making around sexual matters and the circumstances in which it occurred, including whether the woman was deemed compliant with an idea of 'modest' behaviour and thus questions of blame...".7

In addition to these dynamics surrounding incidents of abuse, women are also not always able to define abuse in a way that is inclusive of the variety of their experiences. They "Emotional abuse is hard to define. Africans have a saying often need assistance in articulating and defining that 'my heart is sore' but it is their experiences. not understood by service These factors are important. If women simply do providers. The police do not not realise that the violence perpetrated against them recognise emotional abuse is problematic, or do not feel that it is seen as such and, along with other types of socially, they are unlikely to seek help when it occurs. abuse, see it as trivial" Limpopo focus group 32 Violence against woman

Table 7: Women's definitions of abuse according to the worst incident experienced Defined in terms of: Worst incident of abuse experienced (%) Economic Emotional Physical Sexual abuse abuse abuse abuse Physical aspects 20.5 26.1 26.9 24.3 Emotional aspects 9.1 17.1 14.1 10.1 Sexual aspects 14.3 14.2 8.9 15.7 Economic aspects 9.8 9.1 4.2 4.2 Power imbalances 6.1 8.1 12.9 12.2 Reference to the abuser 1.5 5.2 8.5 9.6 Disrespect 13.2 7.3 10.9 9.2 Ignoring women’s basic rights 15.2 6.9 3.6 6.2 The negative impact on the 4.8 2.6 2.4 1.8 survivor Relationship between abuser 1.2 0.7 0 0.2 and survivor Having several relationships 0 0 0.3 0 with women The gender of the abuser 0 1.5 4.9 5 Behaviour not seen as abusive 4.4 0.4 0 0 Other 0 0.8 2.4 1.4 Total 100.0 100.0 100.0 100.0

The types of abuse experienced

A number of behaviours that both researchers and practitioners suggest could be considered abusive were identified and categorised within the four definitions used in this study. After describing what they understood abuse to be, survivors were asked if they had experienced any of these types of abuse. The findings show that 79% of the women surveyed had experienced emotional abuse and 76% had been subjected to physical abuse. Two thirds had experienced sexual (62%) and economic (58%) abuse. Close to one third (31%) of survivors had experienced all four types of abuse (Figure 1). The type of abuse experienced differed according to the age of the survivors (at the time of the abuse). Young women between the ages of 18 and 31 years generally experienced abuse more often than older women, although women aged 31 to 50 years tended to experience economic abuse more frequently than other survivors. Equally, with the exception of emotional abuse, older women over the age of 51 years were least likely to experience abuse of any kind (Table 8). Women’s experiences of abuse 33

Figure 1: The proportion of survivors that experienced different types of abuse

90 79 76 80 70 62 58 60 50 40 31 30 % of respondents 20 10 0 Emotional Physical Sexual Economic All Four

Table 8: Age at which most serious incident occurred (%) Most serious Age of survivor incident 18 - 30 years 31 - 50 years 51+ Total experienced Economic 33 41 26 100 Emotional 40 28 32 100 Physical 39 40 21 100 Sexual 46 37 17 100 All Four 37 46 17 100

The data shows that although women were vulnerable to abuse across their life cycle, there was a tendency for specific kinds of abuse to be more prevalent in different age cohorts. This has implications for the types of prevention programmes needed for different age groups.

The experience of abuse

In addition to describing the types of abuse experienced, survivors were asked to identify and describe what they considered to be their most serious incident of abuse. Within the categories of economic, emotional, physical and sexual abuse, survivors had usually experienced a range of incidents. The findings suggest that all women, irrespective of their place of residence, tended to have remarkably similar experiences of abuse. 34 Violence against woman

Economic abuse

Of the women who had experienced economic abuse, the most common incident was having money taken from their purse without their consent (Table 9). This was followed by being prevented from knowing about or having access to the family income, and being forced by the abuser to become the sole breadwinner for the household.

Table 9: Types of economic abuse experienced (n = 581: multiple response)

Type of economic abuse % Money taken from purse 38.9 Prevented from knowing about / having access to family income 35.2 Forced to be main breadwinner 32.2 Forced to hand over money 32.0 Forced to ask others for money, food, clothing 26.3 Prevented from earning an income 24.8 Money withdrawn from bank account 11.4 Money overdrawn from bank account 7.8

The high incidence of money being taken without consent has been noted in other research. Women in rural areas for example often experience money being withheld, with abusers:

"...requiring the victim to perform 'duties' before releasing money, stealing money earned by the victim and throwing victims and their children (or threatening to) out of their homes...".8

This highlights the link between abuse and the control of resources, and the vulnerability of women who are financially dependant on the person controlling the household income. However, even some women who earn an income reported having money taken from them. In other words, earning an income does not necessarily mean that women control that income or that they are free from abuse. This became more apparent when women were asked to describe the most serious incident of abuse they had experienced. Although only one third had experienced being forced to hand over money, the most common type of abuse regarded as the worst (by 17% of survivors) was having their money taken or controlled by somebody else. Just over 13% described being forced to single- handedly support their household as the worst incident. Slightly fewer survivors (10%), described being denied basic support and necessities by the abuser as most serious. Only a small (5%) proportion of women noted having money taken from a purse or bank account as the worst incident of economic abuse. Women’s experiences of abuse 35

Survivors across all settlement types said their most serious incident of economic abuse occurred in similar locations. Women were most likely to experience economic abuse in the home. Rural and urban women were next most likely to experience economic abuse within the abuser's home, although women living in metropolitan areas were more likely to be abused in an outdoor public place.

Emotional abuse

The type of emotional abuse experienced most often by survivors was being threatened with harm and being humiliated in public (Table 10). The types of abuse described in Table 10 had a significant emotional impact on the survivors. When asked to describe what they thought was the most serious incident of emotional abuse, 26% of women cited being humiliated, belittled or insulted in the presence of others. Fifteen percent described an incident where the abuser had threatened to kill himself or other members of the family if the woman did not do what he wanted them to. Close to one tenth (8%) felt that being prevented from communicating with others constituted the worst incident.

Table 10: Types of emotional abuse experienced (n = 787: multiple response)

Type of emotional abuse experienced % Threatened with harm 71.1 Humiliated in front of others 64.8 Life threatened 50.1 Prevented communication with others 46.6 Movements limited to inside the house 45.0 Called crazy or possessed 36.5 Threatened to harm children 34.4 Threatened to harm belongings or pets 33.6 Abuser threatened to commit suicide 20.8 Children's lives threatened 18.2 Social humiliation was not only the second most prevalent type of abuse, but also the incident women most often identified as the worst. This type of emotional abuse has a particularly negative impact and severely undermines a woman's self-image. It also has the greatest potential for isolating women from others. This is often the intention of the perpetrator because it prevents women from receiving alternative feedback about their experiences, which in turn encourages them to continue to blame themselves for the abuse. As a result, this behaviour is likely to keep women in abusive situations. 36 Violence against woman

In contrast to the trend for economic abuse, differences in the experience of emotional abuse among rural, urban and metropolitan women were minimal. Irrespective of geographical location, women who had suffered emotional abuse were most likely to cite an incident of public humiliation, followed by the abuser threatening to kill either himself or members of the family as the most serious incident. Emotional abuse also occurred in very similar places across the sample. As with economic abuse, the majority of emotional abuse occurred in the home, with close to half of the rural (53%), metropolitan (48%) and urban (46%) women experiencing their worst incident in their homes. Urban and rural women were next most likely to have experienced abuse in the abuser's home (17% and 16% respectively). Twelve percent of the survivors living in metropolitan areas had experienced their worst incident of abuse in the abuser's home. The findings also showed that women were often in the company of others when the most serious incident of emotional abuse occurred. Metropolitan women were, however, significantly more likely than both urban and rural women to have been in the company of others at the time of the most serious incident (Table 11).

Table 11: Were you alone or in company at the time of the most serious incident of emotional abuse (%) (n = 560)

Rural Urban Metropolitan Alone when most serious incident occurred 34.1 29.1 16.7 In company when most serious incident occurred 50.2 48.5 83.3 Both in company and alone* 15.7 22.4 0 Total 100.0 100.0 100.0

* This applies to incidents that happened over a long period of time thus allowing for both scenarios

"If they are married they [other people who are present] do not interfere. Sometimes he does it because they are there—he is trying to discredit you, bring you down. Even educated, professional men are very insecure—he will do anything to put you down in front of his friends. Especially if it is a stranger, they feel it is none of their business." Free State focus group

The nature of the company varied from parents and other family members to colleagues and students. Rural and urban women were, however, most likely to experience emotional abuse in the presence of their children or relatives other than their parents or siblings. By comparison, women in metropolitan areas were most likely to have experienced their most serious incident of emotional abuse in the company of their siblings or friends. Women’s experiences of abuse 37

Emotional abuse was most likely to occur over a period of time as opposed to being a once off incident. Rural and urban women were generally more likely than metropolitan women to experience abuse on an ongoing basis: 83% of urban women who experienced emotional abuse said it happened over a long period of time. Similarly, 74% of rural women experienced repetitive incidents of abuse. By comparison 65% of survivors living in a metropolitan area experienced ongoing abuse (Figure 2).

Figure 2: Duration of emotional abuse, by settlement type

100 90 83 80 74 70 65 60 50 40 35 26 30 17 20 % of respondents 10 0 Urban Rural Metropolitan

Happened over a period of time Happened in the space of one day

Over one third of metropolitan women said they experienced an isolated incident of emotional abuse. Focus group discussions suggested that this may be due to the greater awareness of metropolitan women about abuse, the greater independence of these women as well as the accessibility of institutional support networks in these areas, which make it easier for women to seek help.

Physical abuse

Women experienced a wide range of physical abuse. The most common was being slapped or hit, pushed or shoved, punched, having their arm twisted or being kicked (Table 12). When asked to describe their worst incident of physical abuse, survivors most commonly (in 34% of cases) cited slapping and hitting. A further 9% said being threatened or attacked with a gun, knife or blade was the worst incident of physical abuse and 8% cited kicking. 38 Violence against woman

Table 12: Types of physical abuse experienced (n = 756: multiple response) Type of physical abuse experienced % Slapped or hit 68.8 Pushed or shoved 66.4 Punched with a fist 56.6 Arm twisted 53.6 Kicked 52.6 Had harmful object thrown at them 48.6 Hit with an object 46.4 Hair pulled 39.6 Had a gun or knife used on them 35.9 Choked, strangled or suffocated 32.6 Children or family members hurt by abuser 23.1 Burnt or scalded 10.2

Although survivors experienced a number of types of physical abuse, the worst incidents most often involved the abuser using his own body to inflict harm. Irrespective of geographical location, women were most likely to cite an incident of slapping, hitting, beating or biting as the most serious incident of abuse. In terms of where the physical abuse happened, the findings similarly indicated that regardless of settlement type, the vast majority of women experienced physical violence at home. This was followed by an outdoor public place, and in the abuser's home: z Women from metropolitan areas were more likely (59%) than rural (49%) and urban (45%) survivors to experience abuse in their home. z Women living in different areas were equally likely to experience abuse in an outside public place: 21% of rural, 21% of urban and 19% of metropolitan women said this was the case. z Urban women experienced fractionally more physical abuse in the abuser's home (20%) than did women in other areas. Seventeen percent of rural women and 13% of metropolitan women reported being physically assaulted in the abuser's home. As with emotional abuse, survivors of physical abuse were most likely to have experienced the violence in the company of others. There was little difference in the likelihood of rural, metropolitan and urban women experiencing abuse in the presence of others (Table 13). Women’s experiences of abuse 39

Table 13: Were you alone or in company at the time of the most serious incident of physical abuse (%) (n = 756)

Rural Urban Metropolitan Alone when most serious incident occurred 38.9 40.6 36.5 In company when most serious incident occurred 60.4 58.9 63.0 Both in company and alone 0.7 0.5 0.5 Total 100.0 100.0 100.0

Survivors living in rural, urban and metropolitan areas of the country were all most likely to experience physical violence in the company of children: z Survivors living in a metropolitan area (42%) and urban area (41%) were slightly more likely to have experienced physical violence in the presence of children than were their rural counterparts (35%). z Urban (16%) and rural (15%) women were equally likely to have experi-enced physical abuse in the company of people other than family, friends, acquaintances, neighbours, colleagues or students. Urban and rural survivors were also equally likely (14% respectively) to have experienced physical violence in the presence of relatives other than a sibling or parent. z Over one fifth (23%) of the metropolitan survivors experienced abuse in the company of parents. One tenth (11%) had been physically abused in the presence of a neighbour or acquaintance. It is surprising that so many survivors reported the presence of other people at the time that the worst incident of physical abuse was perpetrated. (A similar trend was found for the other types of abuse as well.) This raises the question of how those present react and whether they take any action. Interviewers' comments from the focus groups in the box below suggest that for many of those present, issues such as the fear of getting involved, disinterest, desensitisation or the belief that abuse is a private matter, influence how they might respond. Fear of retaliation has also been found to be a common reason for witnesses not intervening to stop abuse.9 The reluctance of family and friends to become involved has been noted elsewhere10, and was supported by the focus groups findings. The results suggest that communities have a limited understanding of the complex dynamics of abuse and often do not realise why women are not able to take action or leave abusive relationships. Three broad factors have been cited as explaining why women find it difficult to leave abusive relationships: social beliefs, community resources and/or responses, and the psychosocial experience of the survivor.11 The study illustrates these factors. Another issue of concern relating to the presence of other people during the worst incident of physical abuse (and other types of abuse), was that many of those present were children. Focus group results confirmed that children were not only in the vicinity when abuse occurred, but were actually present. 40 Violence against woman

"One time a guy was beating up his girlfriend and my brother intervened. The girl turned around and told him not to interfere and said that if it was a problem she'd report it to the police. There is a general acceptance of abuse due to it being cultural and many think that being beaten is a sign of love…" Eastern Cape focus group

"They [family and friends] don't want to be involved—it is their private problem and they must sort it out. They are scared to become involved." Mpumalanga focus group

" If you ask mother about it, she says that is part of life. She thinks it is not serious especially if it happens on a Friday night and he is drunk and shows remorse. My mother says that 'He is my husband…he was having a bad day…' and she teaches us the same thing." Free State focus group

" Families have a tendency to tell them [survivors] to keep a roof on their problem (Malwangu ya tumbete suiphiqho) therefore disempowering them. They also said that it was difficult to separate divorce from who you are actually divorcing as in the case of African women the whole family would be involved. The family could also be your friends and although they support you, they encourage you to stay. This is an issue that goes back to lobola as a women is not just married to her husband—her family is actually married to his family." Limpopo focus group

Survivors were not asked whether the abuse spilled over to the children present. One interviewer in the Free State focus group pointed out that children were witnessing abuse, but that "...they are also abused when they try to intervene [to help their mothers]-they get in the middle and they are also hurt". The effects on children go beyond physical harm, however. Being constantly exposed to a violent environment has both a socio-emotional impact on children, as well as affecting their methods of conflict resolution. Participants in the North West focus group pointed out that witnessing abuse causes fear and depression amongst children, and that "being abusive also becomes an acceptable way of behaving". This does not however mean that all children will become violent as a result:

"...Clearly not all children who have experienced abuse and loss later become violent; nor have all violent offenders been shown to have experienced these phenomena".12

Nevertheless, work on post-traumatic stress disorder is increasingly showing that children suffer the after-effects of traumatic stress in a similar way to adults.13 It is Women’s experiences of abuse 41 hence important that policy be developed to ensure that children who are not necessarily victims themselves, but who witness gender violence are also targeted for intervention.

"[After witnessing abuse as a child] I hated my father for a long time and I hated all men. I suffered from depression and aggressiveness and I had a negative attitude to men in general. I never thought I would have a serious man in my life if that is the way they treat you. I have problems in my relationships with men. I get defensive and irritated by the smallest thing they do wrong." Free State focus group

This need becomes all the more urgent when considering that the survey found that most survivors said their worst experience of physical abuse happened over a period of time, rather than as a single incident. There were however differences between women living in different parts of the country with regard to the duration of physical abuse. Urban and rural women were most likely to experience physical violence over a period of time, while survivors living in a metropolitan area were most likely to have experienced a once off incident (Figure 3).

Figure 3: Duration of physical abuse, by settlement type

80 70 62 62 58 60 50 42 39 38 40 30

% of respondents 20 10 0 Urban Rural Metropolitan Happened over a period of time Happened in the space of one day 42 Violence against woman

Sexual abuse

"...Many societies implicitly (or even explicitly) tolerate and condone sexually violent behaviour under specific circumstances: for example heads of households (usually males) may abuse others (wives, dependent relatives, children and servants) more or less with impunity." 14

Table 14: Types of sexual abuse experienced (n = 624: multiple response) Type of sexual abuse experienced % Forced to have sex 56.2 Abuser tried to/kissed, touched victim 56.0 Abuser tried to have sex with or insert penis into victim 47.6 Forced to have private parts touched 24.7 Forced to touch abuser’s private parts 20.2 Forced to watch others engage in sexual activity 8.5 Forced to do what was seen on videos, in books 6.8 Forced to behave sexually while abuser watched 6.1 Had objects forced into vagina 5.9 Forced to insert objects into vagina 3.4 Forced to behave in a sexual manner for money 2.4

Women experienced a range of different types of sexual abuse, although most abuse involved unwanted kissing and touching, and forced sexual intercourse (Table 14). "…if you are married The findings indicate the importance of extending the it is believed that the definition of rape to include actions in which penetration man has a right to go does not occur, as is envisioned in the new Sexual to a woman." Free Offences Bill. Currently rape is defined in common law as State focus group occurring when a man has intentional, unlawful sexual intercourse with a woman without her consent.15 The survey shows that many women experienced other types of sexual abuse such as the perpetrator touching her private parts with his mouth against her will or being forced to orally stimulate the perpetrator. These experiences are not accounted for in the current definition of rape, although the Sexual Offences Bill suggests they should be included. Of the abuse experienced, women overwhelmingly identified rape, or forced sex, as the worst incident of sexual violence: 37% said this was the case, while 14% said an incident in which the abuser had tried to force them to have vaginal or anal sex had been the worst. A further 11% thought that being forced to enact sexual activity by the abuser was the most serious incident. Women’s experiences of abuse 43

Rural and urban women shared similar views on which incidents were most serious. Women from metropolitan areas however described rather different types of abuse as their most serious incident of sexual violence. Rural and urban women were most likely to consider an incident of rape, followed by an attempt by the abuser to engage in vaginal or anal sex as the most serious incidents of abuse. Women from metropolitan areas, on the other hand, were more likely to consider being forced to enact sexual activity as the worst experience of abuse. The location of incidents of sexual violence were similar for women living in rural, urban and metropolitan areas. Survivors were most likely to have experienced sexual abuse in their own home, followed by the abuser's home: z Nearly half of rural (45%), urban (45%) and metropolitan (42%) survivors had been sexually abused in their own home. z Similar numbers of metropolitan (23%), rural (21%) and urban (20%) women were abused in the abuser's home. z Women resident in a metropolitan area were fractionally more likely (21%) to have been abused in an outdoor public place than were urban (18%) or rural women (16%). This finding challenges the notion that sexual abuse occurs mostly in dark alleys, at the hands of strangers. In contrast to the other types of abuse, survivors of sexual violence were generally alone with the abuser at the time the abuse occurred (Table 15). It is nevertheless startling that well over one quarter of survivors living in a metropolitan area (30%), 28% in urban and 19% in rural areas were in the company of others at the time of the sexual abuse. Some interesting differences emerged across the country with regard to who was present during the worst incident of sexual abuse. Although women from rural and urban areas largely experienced sexual abuse in the company of children, women from different areas tended to experience abuse in the company of quite different people: z Nearly half (48%) of women resident in urban areas and 44% of those in rural areas experienced sexual abuse in the presence of children. By comparison 17% in metropolitan areas said the same. z Seventeen percent of urban and 16% of rural women said the most serious incident of sexual abuse happened in the company of people other than a family member, friend, acquaintance, neighbour, colleague or student. z Survivors in metropolitan areas were more likely (22%) than those in rural areas (12%) to say the worst incident of sexual abuse happened in the company of a friend. z Eleven percent of metropolitan women experienced their worst incident of sexual abuse in the company of strangers. This stands in marked contrast to the experience of rural women, only 1% of whom said the same. Survivors resident in urban areas were almost as likely as those in metropolitan areas to say their worst incident occurred in the presence of strangers (7%). 44 Violence against woman

Table 15: Were you alone or in company at the time of the most serious incident of abuse (%) (n = 624)

Rural Urban Metropolitan Alone when most serious incident occurred 72.4 80.9 70.2 In company when most serious incident occurred 27.6 19.1 29.8 Total 100.0 100.0 100.0

In a trend similar to that for physical abuse, rural and urban women were likely to experience sexual abuse over a period of time, while women in metropolitan areas were more likely to have experienced a once off incident of sexual violence (Figure 4).

Figure 4: Duration of sexual abuse, by settlement type

58 56 54 54 54 53 52 50 47 48 46 46

% of respondents 46 44 42 Rural Urban Metropolitan Happened over a period of time Happened in the space of one day

Do women speak about abuse?

Women were asked if they had spoken about abuse immediately, after a month or more, after a year, or not at all. The "It is a myth that women were silent for results showed that irrespective of the so long—as if they never had type of abuse experienced, survivors did voices—when they have always used generally speak out. Indeed, most different mechanisms such as friends women spoke to somebody about the and family. However, there are many abuse immediately. Survivors of sexual women who still aren't speaking." abuse were however more likely than Eastern Cape focus group others to never talk about the abuse: Women’s experiences of abuse 45 z Women who experienced physical abuse as the most serious type of abuse were more likely (70%) than survivors of other types of abuse to talk to someone immediately after the incident. By comparison 54% of survivors who said emotional abuse was the worst, and 47% in the case of sexual abuse, told someone about the abuse immediately after it happened. z Seventeen percent of survivors of economic abuse spoke about the abuse after a month or more, followed by 13% of survivors of sexual abuse. Women who had experienced these types of abuse were most likely to delay talking to someone for a year or more (17% and 15% respectively). z One quarter (25%) of survivors of sexual abuse never told anyone about the incident, while 18% of economically abused women did the same. Although survivors generally spoke about the abuse shortly after it had happened, women resident in metropolitan areas were far more likely to delay talking about abuse for a year or more and to not talk about it at all (Figure 8). Rural women on the other hand were generally more likely to tell someone about the abuse, and to do so immediately after the most serious incident occurred: z Among survivors who identified economic abuse as most serious: more than half the rural women (53%) talked to somebody about the abuse immediately, compared to 46% of urban and 44% of metropolitan women. z Among survivors who identified emotional abuse as most serious: urban (57%) and rural (55%) survivors were most likely to talk about the abuse immediately, compared to 49% of metropolitan survivors. z Among survivors who identified physical abuse as most serious: women resident in a metropolitan area (25%) were substantially less likely than urban (76%) or rural (74%) women to talk about abuse immediately. z Among survivors who identified sexual abuse as most serious: the reticence of city women to talk about abuse is even more apparent with regard to sexual abuse. Although 55% of rural and 44% of urban women spoke about sexual abuse immediately, only 20% of the survivors living in a metropolitan area did the same. As discussed in Chapter 8, the survivors tended to speak to friends and family most often about the abuse experienced. It is possible, however, that women living in metropolitan areas have weaker social networks and live further away from family and friends than their rural and urban counterparts. This may explain why women in metropolitan areas were less likely to talk about the abuse. It is equally possible that women simply did not feel free to talk about abuse. Participants in the focus groups, for example, felt that the reluctance to talk about abuse was based on perceptions of what was 'appropriate' behaviour on the part of the survivor herself, her family and service providers. It was believed that in some instances women in metropolitan areas were also reluctant to speak about abuse due to a lack of faith in the available service providers. 46 Violence against woman

Figure 5: Survivors who never spoke about the most serious incident of abuse, by settlement type

60 51 50 40 30 24 25 26 17 19 19 20 15 12 12 10 % of respondents 10 4 0 Economic Emotional Physical Sexual

Rural Urban Metropolitan

Thus, although women from metropolitan areas have a greater number of service providers at their disposal, these service providers may not always be perceived as able or willing to assist. Although participants noted that the greater proliferation of helping agencies in metropolitan areas may assist some women in ending abuse before it becomes entrenched, the findings suggest that many women from metropolitan areas did not wish to approach such service providers in the first place. Although many women do not report abuse to the authorities, the assumption that women do not speak about the abuse they experience, is false. For all types of abuse, at least half the women interviewed spoke about the incident immediately. If not immediately, many survivors spoke about their experiences at some time, even if it was long after the incident. Women’s experiences of abuse 47

Lindy was repeatedly raped and threatened with harm and eviction by the farmer on whose property she and her parents live. He also refused to pay her monthly wages.

From the age of 26, Lindy*—the daughter of farm workers in Volksrust, Mpumulanga—was being abused by the farmer economically, emotionally and sexually.

The farmer abused Lindy economically by not paying her at the end of the month, saying he needed a new pair of trousers or a tie. When she asked for her money he accused her of stealing and threatened to evict her. He used to threaten her parents with eviction as well. Lindy was too scared to do anything about the abuse for fear of being evicted. She felt that this was the farmer's way of making them pay for staying on the farm. The farmer also emotionally abused her by threatening to hurt her and even kill her if she told anyone about the abuse. Whenever the farmer came back from work and found her working in the kitchen, he would take off his trousers, insert his penis into her mouth and force her to arouse him. He would also touch her private parts with his mouth against and insert his penis into her vagina. The farmer threatened to kill her and her family if she screamed or told anyone.

As a result of the sexual abuse, Lindy became pregnant. She was afraid that she would lose her job and that her parents would force her to leave their house because of the pregnancy. She tried to have an abortion, but was unsuccessful. When she had the child the farmer told her to say that she was raped by some other white man. Lindy could not afford to go to a doctor and after the child was born the farmer accused her of sleeping around with white farmers and told her parents that they must all leave the farm.

When Lindy's parents found out she was pregnant they were initially angry. Later they became supportive and looked after her children and provided them with food. They realised that she had suffered the abuse so that they would not be evicted. The abuse has made Lindy afraid and she now isolates herself from others.

Interview number 1186 48 Violence against woman

Ingrid was raped by four men in her home. What made this the worst incident for her was that it happened in front of her two children and her husband.

Adamsview in Klerksdorp is the place where four men raped Ingrid* in her home. At 22h30 one evening, Ingrid's life changed forever when four men entered her house and threatened to shoot them all if they shouted for help. They took turns raping her at gunpoint in front of her two children and her husband. While raping her, all four of the men continually insulted her and shouted at her because her vagina was wet. They also forcefully penetrated her anus.

Ingrid felt this was the worst incident of abuse because she was gang raped in front of her family. She was also hurt and bleeding from her vagina and both she and her family were traumatised by the incident. The incident left Ingrid feeling sad and hurt. She also cried bitterly, thinking she would contract AIDS. Even now she has nightmares and is extremely emotional. She does not walk outside at night and makes sure her house is always locked. She has thought about and attempted suicide.

Interview number 1071 * not her real name Women’s experiences of abuse 49

Endnotes

1 M Motsei, Breaking the cycle of violence: The role of the family practitioner, SA Family Practice, May 1993. 2 See F C Ross, Vat jou goed en trek... The effects of domestic violence on domesticity in an informal settlement, in Violence and Family Life in Contemporary South Africa: Research and Policy Issues, Human Sciences Research Council, Pretoria, 1996. 3 S Rasool, Women abuse: Knowledge, attitudes and practices of medical general practitioners in the Lenasia area, unpublished Honours dissertation, University of the Witwatersrand, Johannesburg, 1995. 4 N Andersson, S Mhatre, S Naidoo, N Mayet, N Mqotsi, M Penderis, J Onishi, M Myburg, S Merhi, S, Beyond Victims and Villains: The Culture of Sexual Violence in South Johannesburg, CIETafrica, Southern Metropolitan Local Council, Johannesburg, 2000. 5 According to the survey results, 35% of survivors of sexual abuse said their spouse or partner was responsible (see Chapter 4). 6 L Artz, Violence Against women in Rural Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework, Institute of Criminology, University of Cape Town, 1999. 7 R Jewkes and N Abrahams, Violence Against Women in South Africa: Rape and Sexual Coercion, A review study commissioned by the Crime Prevention Research Resources Centre, Medical Research Council and Crime Prevention Research Resources Centre, Pretoria, 2000. 8 Artz, op cit. 9 Ibid. 10 Ibid. 11 D Sinclair, Understanding Wife Assault: A Training Manuel for Counsellors and Advocates, Ontario Government Bookstore Publishers, Ontario, 1985. 12 P Wedge, G Boswell, A Dissel, Violence victims in South Africa: Key Factors in the Backgrounds of Young Serious Offenders, 13 Ibid. 14 P Gordan, K Crehan, Dying of Sadness: Gender, Sexual Violence and the HIV Epidemic, SEPED Conference Paper Series, 2000. 15 See Discussion Paper 102 (Project 107) Sexual Offences, South African Law Commission, at http://www.law.wits.ac.za/salc/. Chapter four

Perpetrations of abuse

Key findings z Over half of the women who experienced economic, emotional and physical abuse said the perpetrator was a spouse or partner. Survivors of sexual abuse were more likely to be abused by someone other than their partner or spouse. Most perpetrators were married at the time of the abuse. Considering the prevalence of abuse discussed in Chapter 3, these findings show the extent to which the problem has become normalised within domestic relationships. z Perpetrators were most likely to be between 19 and 40 years old, although perpetrators of sexual abuse were typically younger. z The majority of the perpetrators were employed, earning between R500 and R3 999 per month. z Irrespective of the type of abuse, perpetrators tended to act as though nothing had happened after the incident. Few showed remorse. This indicates the extent to which this violence has become accepted in society and that most perpetrators do not recognise their behaviour as abusive. z Only 16% of all women felt that perpetrators should not receive any specific treatment or assistance. The majority proposed therapy, counselling or psychiatric help.

The perpetrators of abuse

This section profiles the perpetrators of violence against women. Survivors were asked about the perpetrator of the worst incident of abuse, including their age, marital status, employment status and income category.1 Questions were also asked about the behaviour of the perpetrators following the worst incident of abuse. 52 Violence against woman

Overall, all four types of abuse covered in the study were most likely to have been perpetrated by a spouse or partner. The exception was in the case of sexual abuse: z Well over half of the women who experienced economic, emotional and physical abuse said the perpetrator was a spouse or partner (Figure 6). z Survivors of sexual abuse were as likely to have been abused by a stranger (35%) as by their partner (35%). These findings, together with those in Chapter 3 about where abuse occurred, support the argument that violence against women is most likely to happen in the home and to be perpetrated by someone that a woman should be able to trust:

Figure 5: Survivors who never spoke about the most serious incident of abuse, by settlement type

68 70 64 59 60 50 40 35 35 30 17 19 14 % of respondents 20 11 13 12 12 8 5 7 7 5 6 10 3 2 0 Partner / Spouse Relative Stranger A cquaintance / Workplace / friend authority figure Economic Physical Emotional Sexual

"Women are most likely to be assaulted within the confines of their own family and household, and are more likely to be injured, raped or killed by a current or former intimate partner than by anyone else".2

These trends were consistent for women living in rural, urban and metropolitan areas, with some minor differences (Figure 7). Women resident in metropolitan areas were more vulnerable to abuse by their spouse or partner than either urban or rural women: z Economic abuse: women living in metropolitan areas were more likely (79%) to be abused by a spouse or partner than were urban (70%) or rural (61%) women. z Emotional abuse: women living in metropolitan areas were more likely (72%) than either urban (60%) or rural (50%) women to be abused by a spouse or partner. Rural women, on the other hand, were markedly more likely (22%) than Perpetrations of abuse 53

their urban (6%) or metropolitan (4%) counterparts to experience emotional abuse from a stranger. z Physical abuse: survivors resident in a metropolitan area were more likely (77%) to experience physical abuse from a spouse or partner than survivors in urban (66%) or rural (52%) areas. Rural women were more likely (27%) to be physically abused by a stranger than were urban (17%) and metropolitan (10%) women. z Sexual abuse: women living in the metropolitan areas were more likely (42%) to have been sexually abused by a partner than those in urban areas (35%). It is possible that survivors in rural areas were least likely to say the abuse was perpetrated by a partner or spouse because of the perception that abuse is a 'normal' part of life-particularly when committed by a spouse or intimate partner. Other research in rural Southern Cape confirmed the normalisation of physical abuse.3 Women expressed amusement at questions about domestic violence because they did not know anyone that was not being battered since it was often the 'rule not the exception' in these communities. These women did not consider the abuse acceptable under any circumstances, however it seemed the abuse was not seen as intolerable by the community. The trend may also reflect the difficulty that many women experience with speaking about abuse (particularly physical and sexual abuse) especially when it relates to their partner or spouse. This is probably because rape is often not recognised within marriage or intimate relationships, which means that women are less likely to think that sexual abuse is possible with spouses or partners.

The focus groups reflected these views (see box below).

"In rural areas, due to lobola, women expect to have to perform sexually where their partners/spouses are concerned" Limpopo focus group

"They [men] are …brought up to believe that abuse is part of the marriage." Limpopo focus group

"…if you are married it is believed that men have a right to go to a woman." Free State focus group

Over half of the women who experienced economic, emotional, physical and sexual abuse, said the abuser was married at the time of the abuse (Table 16). Around one third of survivors said that the perpetrators were single when the incident occurred. In the case of sexual abuse however, slightly more abusers were single than was the case for the other type of abuse. 54 Violence against woman

Figure 7: Perpetrators of abuse, by settlement type

100 80 80 70 61 60

40

% of respondents 16 15 20 10 8 9 10 6 4 5 7 2 0 0 Partner / Relative Stranger A cquaintance / Workplace / Spouse friend authority figure

Metropolitan Urban Rural

Table 16: Marital status of perpetrators Marital Status Type of abuse (%) Economic Emotional Physical Sexual Married 52.7 55.0 57.4 50.6 Single 38.2 35.9 35.2 43.3 Separated 2.9 2.7 3.3 2.7 Divorced 5.1 3.3 2.5 1.7 Widowed 1.1 2.2 1.5 1.7 Other 0 0.9 0.1 0 Total 100.0 100.0 100.0 100.0

The findings that most abusers were married and were spouses or partners of the survivors, together with the prevalence of abuse (and physical abuse in particular as discussed in Chapter 3), shows the extent to which the problem has become normalised within domestic relationships. The cultural sayings relayed in the Limpopo focus group (see box below) illustrate this. The overwhelming majority of abusers were male. Virtually all the perpetrators of sexual (100%) and physical (95%) abuse were male. Although still predominantly male, 10% of the "A women's grave is her perpetrators of emotional abuse were female, and marriage." Sotho saying, 23% of the perpetrators of economic abuse were Limpopo focus group" Cakes women. These trends were consistent across the are sweet but marriage is different settlement types covered by the study. tough." Words from a song The perpetrators of abuse were most likely to sung on the wedding day, Limpopo focus group Perpetrations of abuse 55 have been between 19 and 40 years of age, although perpetrators of sexual abuse were more often than not younger than perpetrators of other kinds of abuse (Table17). Economic and emotional abuse was also more likely to be perpetrated by the elderly than other types of abuse. These trends remained fairly constant between urban, rural and metropolitan areas.

Table 17: Age of perpetrators, by type of abuse (%) Type of 18 years 19-25 26-30 31-35 36-40 41-45 46-50 50 + abuse old and years years years years years years years experienced younger old old old old old old old Economic 3 7 21 18 23 13 4 11 Emotional 4 14 23 16 14 12 5 12 Physical 1 14 25 18 18 11 6 7 Sexual 7 22 23 13 16 7 5 7

The tendency for sexual abuse to be perpetrated by young men has been demonstrated by other research. A recent study on sexual violence in Southern Johannesburg found that one in every four male youths under the age of 18 claimed to have forced a woman to have sex without her consent.4 Human Rights Watch reported that youths under the age of 20 years accounted for approximately 40% of rape convictions for the period between July 1993 and June 1994.5 This prevalence of sexual abuse perpetrated by youngsters may be fuelled by the prevailing attitudes among male youth. Such attitudes were strikingly documented in the Southern Johannesburg study which found, for example, that nearly one half of the male youth interviewed felt that when a woman says 'no' she really means 'yes'. It also reported that among respondents who knew someone who had been raped, 24% of them thought that the woman had 'asked' for it.6 The majority of perpetrators were regularly employed (Figure 8). Differences across settlement types were apparent. "Violence is a mindset that needs Perpetrators living in rural areas were more likely to be changed. Men are taught to be unemployed than were perpetrators in that they are allowed to abuse urban or metropolitan parts of the country. women from a very early age Although most abusers were employed, the and children who witness vast majority earned relatively low incomes. Most violence think that it is right" abusers earned between R500 and R4 000 per Free State presentation of survey month (Table 18). The perpetrators of economic results abuse however earned less-at between R500 and R1 000 per month. Economic abuse should not however be associated exclusively with the poor. Of all the abuse types covered, economic abusers were the ones most likely to be earning more than R6 000 per month. 56 Violence against woman

Figure 8: Employment status of perpetrators, by type of abuse

100% 7 8 11 8 20 80% 28 24 32

60%

40% 73 64 64 60 Respondents 20%

0% Economic Emotional Physical Sexual Working most of the time Unemployed Working

Table 18: Income earned by perpetrators, by type of abuse Type of abuse No Less R500 R1000 R2000 R4000 R6000 R12000 experienced monthly than to to to to to or more income R500 R999 R1900 R3999 R5999 R11999 Economic 2 3 33 24 10 9 12 7 Emotional 14 5 21 18 22 11 6 3 Physical 12 5 20 18 21 10 9 5 Sexual 14 6 14 21 15 21 6 3

These trends were fairly constant across the various settlement types covered in the survey. The most notable differences were that perpetrators of emotional abuse in rural areas tended to earn less per month than perpetrators in urban and metropolitan areas. In the case of economic abuse, however, rural perpetrators tended to earn more than their urban counterparts.

How the perpetrator behaved after the most serious incident of abuse

Survivors were asked to explain in their own words how the perpetrator acted towards them after the most serious incident of abuse. The findings suggest that irrespective of the type of abuse, the majority of perpetrators showed little or no remorse for what they had done. Most acted as if nothing had happened after the incident, particularly in the case of sexual and economic abuse (Figure 9). Perpetrations of abuse 57 z Close to half the perpetrators of sexual and economic abuse acted as if nothing had happened. Almost as many perpetrators of physical abuse and emotional abuse responded in a similar way after the most serious incident. In the case of sexual abuse, this is probably linked to the strong culture of male sexual entitlement that exists in South Africa, as well as the belief that when women say 'no' they really mean 'yes'. z Perpetrators of physical abuse were more likely than other perpetrators to be remorseful and apologetic after the incident. z Perpetrators of emotional and economic abuse were more likely to act aggressively towards survivors than were perpetrators of either physical or sexual abuse. This may be because physical and sexual abuse are already more physically aggressive than emotional and economic abuse. This finding also lends support to the theories that abuse escalates and becomes more violent as it continues.

"It is culturally acceptable to hit a woman when you are angry. If a woman makes a man angry she must apologise and has to respect the man. Culturally [it is acceptable] to beat women with a stick or a sjambok and not with an open hand (slap). If he has paid lobola she can't go back to her family unless he tells her to 'go home'. Then her family has to repay the lobola." Mpumulanga focus group

Figure 14: Behaviour of perpetrator after abuse, by type of abuse

100% 0 7 10 1 11 23 49 80% 9 23 7 12 60% 14 49 1 40% 11 25 17 41 % of respondents 20% 25 1 11 18 9 32 0% Other W ere not seen Uncom fortable Remorseful More Acted as if again but and apologetic aggressive nothing unrem orseful happened

Physical Emotional Sexual Economic 58 Violence against woman

The generally low levels of remorse revealed by the study were consistent across rural, urban and metropolitan areas. These findings confirm the extent to which violence against women has become normalised and accepted in South African society:

"Violence against women reflects the general culture of violence which is endemic in South Africa and which normalises violence and affirms its role as a conflict resolution tactic".7

The results not only show how abuse is perceived to be a 'part of life', but also that perpetrators do not recognise their behaviour as abusive. This challenges what has been described as the 'reconciliatory' or 'honeymoon' phase in the cycle of violence.8 According to this cycle, the tension-building phase (phase 1) includes threats, verbal harassment and possibly 'minor' incidents of battering. This leads to the acute battering phase (phase 2). After phase 2, the abuser becomes apologetic and remorseful about his behaviour (the reconciliatory or honeymoon phase) and possibly sends the woman gifts. However, the survey showed that for all types of abuse, the perpetrators were much more likely to behave as if nothing had happened rather than to show any remorse. This questions the relevance of the cycle of violence theory in the South African context. It is true however that the theory deals mainly with physical, rather than other types of abuse. It is also true that perpetrators of physical abuse were more likely than others to be apologetic and remorseful. However, only a quarter of these abusers responded in this manner. In the Limpopo Province focus group one interviewer stated that "Walker's theory of violence is not necessarily applicable to the plight of African women as the honeymoon stage does not really occur...". Practitioners have similarly suggested that even when abusers are apologetic it is not a 'honeymoon' for the survivor, since she remains in fear of the next attack.

Treating perpetrators of abuse

Women were asked whether they felt that their abusers should receive any specific treatment or assistance to help control their abusive behaviour. The majority answered in the affirmative-particularly in the case of survivors of emotional abuse. Over four fifths (81%) of women who had experienced emotional abuse thought that the perpetrator should receive assistance of some kind. Survivors of economic abuse were next most likely (77%) to share this view, followed by survivors of sexual (73%) and physical (73%) abuse. Few differences emerged between rural, urban and metropolitan women in this regard. Perpetrations of abuse 59

Table 19: Types of treatment or assistance suggested by survivors of abuse, by type of abuse (%) Economic Emotional Physical Sexual Therapy / counselling / psychiatric help 23 41 37 34 Punishment 15 16 34 39 Awareness about abuse 25 18 9 11 Should not receive assistance/treatment 16 15 14 9 Made to take responsibility for actions 16 8 5 6 Other* 4 2 2 4 *Values above 5% A number of ways of treating abusers were proposed. The most common ranged from therapy and psychiatric assistance to forcing men to take responsibility for their actions (Table 19): z Survivors of emotional abuse were most likely (41%) to feel that abusers should receive therapy of some kind, compared to 37% of survivors of physical abuse and 34% who had experienced sexual abuse. z Women who had experienced sexual (39%) and physical abuse (34%) were significantly more likely to believe perpetrators should receive harsh punishment such as incarceration, the death penalty or be ostracised, than were survivors of emotional (16%) or economic abuse (15%). z Survivors of economic abuse were more likely than others to argue that perpetrators should be educated as to what constitutes abuse and should be made to take responsibility for their actions. z Less than one sixth of the women (16%) interviewed felt that perpetrators should not receive any specific treatment or assistance. Survivors of sexual abuse were least likely (9%) to propose such a course of action compared to survivors of economic (16%), emotional (15%) and physical abuse (14%). Irrespective of the type of abuse experienced, survivors resident in an urban or metropolitan area were generally more likely than those in rural areas to believe that the perpetrators of abuse should receive therapy or counselling of some kind. This was particularly so in the case of emotional abuse: 82% of survivors in the metropolitan areas felt that perpetrators should receive assistance, compared to 46% in urban areas and 35% in rural areas. Over half of the survivors of sexual abuse (52%) living in a metropolitan area also shared this viewpoint, as opposed to 37% of urban and 28% of rural women. 60 Violence against woman

Nomvula was 18 years old when she was first raped by her father, a school teacher. She is now HIV positive and lives in constant fear.

Nomvula* is a 19 year old girl from the Eastern Cape. She lives in Ezibeleni, a peri- urban area in Queenstown. At the age of 18 she was raped for the first time by her father. Nomvula was only examined by a medical practitioner three days after the incident because she was afraid to go out. Since then she has been abused by her father on countless occasions. As a result of the abuse Nomvula is HIV positive and lives in constant fear.

Nomvula felt this was the worst incident of sexual abuse she has experienced because the abuser is her father. She does not believe that perpetrators of sexual abuse should receive assistance. She believes her father is old enough to distinguish between right and wrong, especially since he is a teacher.

Interview number 1460 * not her real name Perpetrations of abuse 61

For Indira, the most serious case of physical abuse happened when she tried to leave the abuser. Despite the vicious nature of the violence, she felt that emotional abuse—such as the abuser continually calling her "bitch"—was the worst type of abuse she had experienced.

Indira* is a 32 year old woman who lives in the town of Uitenhage in the Eastern Cape. She cannot count the number of times she has been abused both physically and emotionally. The most serious incident of physical abuse happened on one of the occasions that she tried to leave the abuser. He fetched her from her friend's house and took her home. Once there, he threw a case of coke bottles at her until she was on the floor buried under the broken bottles. He then told their children to cut her with pieces of the broken glass. Next he took her inside the house and cut her face with blades, forced her to undress and then took her outside again and beat her with a broken bicycle.

For Indira it was easy to identify this as the worst type of physical abuse since she almost died. She sustained multiple injuries including a stab wound on her bottom, cuts on her face, a wound on her hand and her head. Despite the vicious nature of the physical violence, she felt that emotional abuse was the worst type of abuse she had experienced. When the abuser continually called her "bitch" (among other derogatory terms) she felt very angry and contemplated hurting him with the knife. As a result of this experience, Indira has experienced altered eating and sleeping patterns, irritability, anger and flashbacks. At the time she felt like giving up and was very depressed. Currently she says it "wears me down a lot".

Interview number 1327 *not her real name Chapter five

Effects of abuse

Key findings z At the time of the abuse, most survivors felt negative emotional reactions, fear, shock or surprise, and had a negative self-image. At the time of the interview, negative emotional reactions were still widespread, although many survivors said they had strengthened and moved on emotionally. z The vast majority of survivors experienced feelings of anger, depression, changes in sleeping patterns and flashbacks. 18% of survivors of emotional and physical abuse, and 22% of sexual abuse survivors, attempted suicide. z If not dealt with, these symptoms could develop into a range of psychosomatic illnesses. This explains why women who are in abusive relationships are more likely to present to their doctors medical problems ranging from chronic pain to gastric trouble. z Survivors living in rural areas were more likely to worry about almost all the potential consequences of sexual abuse than were women in the metropolitan and urban areas. z 19% of survivors of sexual abuse contracted a STD, 15% became pregnant, and 11% had a child as a result of the most serious incident of sexual abuse. z The vast majority of women believed that what was done to them was a crime.

Violence in the family contributes to pervasive feelings of insecurity and vulnerability.1 This chapter explores the effects of violence against women. It covers the effects of abuse on the psychosocial aspects of a woman's life as a result of living in a constant state of fear, threat and stress. The psychological and emotional consequences are examined, as well as the actual incidence of unwanted pregnancy, sexually transmitted infections and infertility. 64 Violence against woman

In this component of the interview, survivors were asked open-ended questions regarding how the abuse had effected them, both at the time the most serious incident was committed, and at the time of the interview.

Effects at the time the abuse was committed

The results show that irrespective of the type of abuse experienced, three consequences were discussed by most survivors: z negative emotional reactions; z fear, shock or surprise; z a negative self-image. Survivors of economic abuse were most likely to experience negative emotional reactions immediately after the incident (Table 20). Survivors of emotional and sexual abuse were more likely than other survivors to experience a negative impact on their self-image. Such feelings may be linked to the offender blaming the woman for the abuse which results in self-blame on the part of the survivor. Thus, "victims of such violence may be made to feel some degree of personal responsibility for 'provoking' the attack, or guilt for being unable to defend themselves".2 In the case of economic abuse, these trends remained consistent across both rural and urban areas, although some interesting geographical differences emerged for the other three types of abuse: z Emotional abuse: survivors living in a metropolitan area were considerably more likely (30%) than rural (3%) or urban (2%) survivors to have separated from their partner, to have left home or to have wanted to leave home following the abuse. z Physical abuse: survivors living in a metropolitan area were more likely (24%) than either rural (2%) or urban (1%) survivors to have experienced a generally negative impact on their lives as a result of the abuse. Urban (35%) and rural (35%) women, on the other hand, were markedly more likely than metropolitan women (12%) to experience negative emotions after the worst incident of physical abuse. Rural survivors were also somewhat more likely (15%) than urban (8%) or metropolitan (5%) women to require medical treatment after the abuse. z Sexual abuse: metropolitan survivors were most likely (18%) to experience a change in their behaviour or character immediately after the abuse. Rural survivors were more likely (27%) than urban (16%) or metropolitan (15%) survivors to experience a negative emotional impact. Rural women were also more likely (11%) than their urban (3%) or metropolitan (2%) counterparts to experience physical symptoms following the most serious incident of abuse. Effects of abuse 65

Table 20: Effects experienced at the time of abuse, by type of abuse (%) Economic Emotional Physical Sexual Negative emotional impact 39.0 33.2 30.5 21.2 Negative impact on self 17.9 25.3 15.2 26.5 image/esteem Fear/shock/surprise 2.8 12.0 13.7 19.1 Separated/left or wanted to 2.8 3.6 7.0 0.8 leave home Change in behaviour or 1.6 3.8 2.2 6.0 character Relationships with others 1.9 2.5 5.0 4.2 deteriorated Relationship with abuser 7.8 9.2 8.2 8.1 deteriorated Life generally negatively 6.8 4.7 5.8 5.3 affected Physical symptoms 2.4 3.2 0 6.4 Medical treatment 0 0 10.8 0.2 required Children involved/their 5.2 0.5 0.5 0 needs disregarded Financial difficulties 10.6 0 0 0 No reaction/just had to 1.2 2.0 0.5 0.6 accept abuse Other 0 0 0.6 1.6 Total 100.0 100.0 100.0 100.0

Effects of abuse at the time of the interview

At the time of the interview, negative emotional reactions were still reported by a substantial percentage of women. The next most common response was that they had strengthened and moved on emotionally. A number of survivors also reported that their relationships with others had been negatively effected as a result of the abuse. The survivors of all four types of abuse were equally likely to report experiencing negative emotional reactions at the time of the interview. Survivors of sexual abuse were however considerably more likely to have experienced a general deterioration in their relationships with others. In contrast to the survivors of other types of abuse, sexually abused women were least likely to feel that they had strengthened and moved on emotionally (Table 21). 66 Violence against woman

With the exception of some women resident in a metropolitan area, few of the survivors described wanting to, or actually leaving the abusive relationship-either at the time of the abuse or at the time of the interview.

Why survivors find it difficult to leave abusive relationships

Besides financial dependence and commitment to children, other reasons why women find leaving abusive relationships difficult include lack of housing, day care and support services, fear, isolation, and other feelings related to social stigma.3 There are very few shelters in South Africa, with most located in the metropolitan areas. Many of the shelters are full and are temporary by nature. If women do not have appropriate housing they often relocate to informal settlements which increases their vulnerability and that of their children.4

Table 21: Effects of abuse at the time of the interview, by type of abuse (%) Economic Emotional Physical Sexual Negative emotional impact 19.8 21.9 21.0 22.5 Relationships with others 6.6 8.5 10.4 23.2 deteriorated Have moved on / 19.6 19.0 16.6 13.0 emotionally strengthened Relationship with abuser / 6.9 9.6 11.6 12.1 partner deteriorated Experience fear or stress 6.6 9.0 8.1 9.6 Negative impact on self 7.1 9.4 3.4 8.1 image/esteem Negative impact on health 3.3 4.0 7.9 4.0 Change in behaviour or 4.0 3.8 4.2 1.3 character Lifelong scarring 1.7 1.4 4.4 0.8 Life generally negatively 11.3 4.3 5.0 3.4 affected Separated / left or wanted 3.8 4.6 5.0 0.2 to leave home Children involved/their 4.7 0 0 0 needs disregarded Abuse continuing 2.6 1.8 0 0 No reaction 0 0.7 0.6 0.6 Other 2.0 2.0 1.8 1.2 Effects of abuse 67

Symptoms of psychological distress

In addition to questions on the impact of the most serious incident of abuse, survivors of emotional, physical and sexual abuse were asked whether they had "If they [survivors] are married they experienced specific symptoms associated take it as a way of life. If it is a with psychological distress and Post relative, they lock it up and they Traumatic Stress Disorder (PTSD) in don't want to think about it. If it is a particular. This is a term used by stranger they won't see them again. psychologists to describe the emotional If it is their boss they trusted him and symptoms experienced by people who have they don't want to believe that he survived a traumatic situation or undergone did that to them but it keeps coming severe stress, such as that experienced by back and they keep seeing them combatants after a period of war. Many again." Free State focus group have contested the applicability of the term for people who are still living in a violent situation, as is the case in many instances of domestic violence. The term 'ongoing stress disorder' is more appropriate under these circumstances. The findings show that women experienced a high degree of psychological distress as a result of the most serious incident of abuse. The vast majority of survivors experienced feelings of anger, depression, changes in sleeping patterns and flashbacks as a result of the abuse. Notably, approximately one fifth of the survivors of sexual and physical abuse had attempted suicide (Table 22).

Table 22: Symptoms of stress associated with violence against women, by type of abuse (%) Emotional Physical Sexual Yes No Yes No Yes No Feelings of anger 60.2 39.8 93.9 6.1 91.9 8.1 Suffered flashbacks 92.3 7.7 56.4 43.6 62.8 37.2 Suffered depression 88.3 11.7 82.6 17.4 89.0 14.0 Suffered from 18.2 81.8 78.5 21.5 77.9 22.1 irritability Changes in sleeping 83.2 69.1 16.8 30.9 75.9 24.1 patterns Changes in eating 86.2 13.8 63.5 36.5 66.2 33.8 patterns Suffered from panic 71.7 28.3 68.9 31.1 63.4 36.6 attacks Suffered nightmares 56.7 43.3 58.3 41.7 73.3 26.7 Thought about suicide 38.0 62.0 34.2 65.8 41.1 58.9 Attempted suicide 18.2 81.8 17.8 82.2 21.5 78.5

68 Violence against woman

The extent of anger reported by survivors is to be expected and is understandable. However, the important question is "They [survivors] feel that how women channel this anger, or whether they they should have seen the channel it at all. If anger in these situations- signs but they didn't act. particularly of ongoing abuse-is not dealt with, They think that they were survivors could develop psychosomatic illnesses. This stupid and worry about what is the reason why doctors are often the first point of people would say. They 5 contact for most abused women. According to don't talk so the pressure Motsei, it is probably during the tension building builds up." Free State focus phase of Walker's cycle of violence (see Chapter 4, p group ?) that women are most likely to experience stress.6 During this time, a woman might approach her doctor with psychosomatic symptoms such as those discussed here. Studies in the United States also indicate that women who are in abusive relationships are more likely to present with medical problems ranging from chronic pain to gastric trouble. This is why doctors need to screen for domestic violence even if there are no cuts or bruises. Having said that, many doctors have said that women in domestic violence relationships do speak to them about the abuse and they (the doctors) often do not know how to deal with the problem.7 Some significant differences in the symptoms of PTSD outlined in Table 22 were recorded among survivors of different types of abuse: z Women who experienced physical abuse (94%) and sexual abuse (92%) were more likely than survivors of emotional abuse (60%) to report feelings of anger (either at themselves or the abuser) following the most serious incident of abuse. z Survivors of emotional abuse were considerably more likely (92%) than survivors of either physical (56%) or sexual abuse (63%) to suffer from flashbacks. z Women who experienced physical (79%) and sexual abuse (78%) were more likely than those who experienced emotional abuse (18%) to report irritability. z Survivors of sexual abuse were considerably more likely (73%) than either survivors of physical (58%) or emotional abuse (57%) to experience nightmares as a result of the abuse. z Survivors of sexual, emotional and physical abuse were almost as likely to think about suicide and to attempt suicide, although the tendency was slightly higher in the case of sexual abuse. The relative prevalence of thoughts about suicide and attempted suicide among survivors of sexual abuse is symptomatic of the extreme violation of their physical person and emotional self. The violation of a person's sexuality is also an invasion of his or her privacy. Although it is easier to understand the trauma associated with sexual abuse, it is significant that survivors of emotional abuse were almost as likely to think about and to attempt suicide. Counsellors in the focus groups reported that survivors of physical abuse often feel that the emotional trauma is far worse than the physical abuse itself. It is possible that the healing of physical scars helps women to Effects of abuse 69 recover. This is a process which is largely absent for survivors of sexual and emotional abuse for whom there is often no tangible healing that can occur.

The outcomes of sexual abuse

Survivors of sexual abuse were asked specific questions about the outcome of the abuse they experienced. Women were asked whether they worried about contracting a sexually transmitted disease, becoming pregnant, and the prospect of abortion or infertility as a result of the abuse. They were also asked whether any of these fears were realised and the impact that this had on them. Close to one third of survivors of sexual abuse were worried about contracting a STD, while just over half were concerned about getting HIV/AIDS. Just under half of the women were fearful of becoming pregnant, with close to two quarters worrying about having a child as a result of the assault. Less than one third of the 520 women who answered these questions were worried about the prospect of an abortion or infertility (Figure 10).

Figure 10: Outcomes that survivors of sexual abuse worried about

100% 90% 80% 38 47 51 70% 55 60% 72 74 75 50% 40% 30% 62 53 50 45 % of respondents 20% 28 10% 26 25 0% Worried Worried Worried Worried Worried Worried Worried about STD's about HIV / about about having about about being about having AIDS getting a child deciding unable to an abortion pregnant whether to have a child have an Yes No abortion

Similar concerns were discussed by all survivors of abuse, irrespective of where they lived. However rural women were more concerned about becoming pregnant, having a child or having an abortion than women living in other settlement types. Both rural and urban women were also more likely than metropolitan women to 70 Violence against woman worry about contracting a STD or HIV/AIDS: z Well over half of rural women (57%) worried about becoming pregnant, compared to 46% of urban and 42% of metropolitan women. A slightly larger proportion of women living in rural areas (53%) were concerned about having a child than were those in urban (37%) and metropolitan (39%) areas. Over one third "The relationship between (36%) of rural women also worried about violence and HIV is often having to decide whether or not to have an indirect. The fear of violence abortion, compared to 26% of metropolitan makes it more difficult for and 15% of urban women. A similar women to refuse unsafe sex. In proportion were concerned about actually the case of sexual violence, having an abortion: 34% in the case of rural however, the relationship can survivors, as opposed to 22% of metropolitan be very direct." UNAIDS 2000 and 13% of urban women. z More than two thirds of both rural (70%) and urban (64%) survivors were worried about contracting a STD. Only a slightly smaller proportion of urban (60%) and rural women (59%) feared getting HIV/AIDS compared to 36% of women resident in a metropolitan area. Overall it seems that rural women were more likely to worry about almost all the potential consequences of sexual abuse as compared to women in the metropolitan and urban areas. Women in rural areas may be more concerned that those in urban areas because they have less control over their sexuality and less access to resources to deal effectively with these situations. The past few years have seen an increasing number of campaigns to educate women about a variety of social issues, but without a concomitant increase in the number and quality of services to deal with these problems, particularly in rural areas. The concerns raised by rural women about the prospect of having a child as a result of sexual abuse are also a likely reflection of the shortage of resources to take care of an additional child. Moreover, in small rural communities there would probably be a greater knowledge that the child was conceived as a result of sexual violence. The stigma associated with these events would be a source of concern for survivors. Survivors were also asked whether any of the consequences of sexual abuse that they worried about, actually materialised. Women were most likely to have contracted a STD (19%). Fewer survivors (15%) became pregnant, while one tenth (11%) had a child as a result of the most serious incident of sexual abuse. Less than one tenth of the "A person with an untreated women interviewed (6%) had considered abortion, STD is 6-10 times more and 5% actually had an abortion. Another 5% of likely to pass on or acquire survivors said they were unable to have children as a HIV." UNAIDS 1999 result of the abuse. Less than 5% who experienced sexual assault said they had contracted HIV/AIDS as a result of the abuse. Women Effects of abuse 71 in the metropolitan areas (7%) were more likely to report that they contracted HIV/AIDS as a result of sexual assault than those in towns (4%) or rural areas (1%). The figures about the number of women who contracted HIV/AIDS might not represent the true picture since few survivors of sexual abuse in the study went to professionals for assistance, and it is likely that few had been tested for HIV. In the rural areas the lack of access to clinics and limited resources in primary health care clinics to conduct HIV tests compounds the problem.

"Internationally, women aged 15-49 years represent 43% of all new HIV infections, up from 40% a few years ago. For anatomical reasons, women are about four times more vulnerable than men to sexually transmitted diseases, including HIV. Women's vulnerability is further compounded by their lower social or economic status in many societies which leaves them in a weak position to demand fidelity from a husband, or use of the male condom…As a result, many women are infected by their sole sex partner—their husband." UNAIDS 1999

Perceptions of whether the abuse constitutes a crime

Given the significant impact that abuse has on survivors, women were asked whether or not they considered the abuse perpetrated against them to be a crime. The findings indicate that the vast majority of women, and particularly those who experienced sexual and physical abuse, did indeed believe that what was done to them constituted a crime. These findings remained consistent across all three settlement types. Thus, nearly all the women who experienced sexual (96%) and physical (94%) abuse felt that the worst incident was a crime. Over four fifths of survivors of economic (88%) and emotional (85%) abuse shared this view. 72 Violence against woman

Ntabiseng endured ongoing abuse from her ex-husband who refused to pay maintenance. One day when he started shouting at her she lashed out with a cold drink bottle, and killed him.

Ntabiseng* is a 37 year old women living in a township called Mzinoni in Mpumulanga. She has been abused by her ex-husband countless times. The worst incident of economic, emotional and physical abuse happened when she was 33 years old and trying to get maintenance from him. Ntabiseng's ex-husband refused to pay maintenance for their baby. When she tried to discuss the issue with him, he beat her so badly that she lost all her teeth, had black eyes and broken ribs where he had kicked her. She identified this particular incident as the worst because of the effect it had on her children. The incident made her hate her husband and feel very unhappy and restless.

When Ntabiseng laid a charge against him, he threatened to kill her and her children, so she withdrew the charge. She felt that the police were patient and believed her. She was also satisfied with the service she received from the doctors and nurses who did not complain even though they had treated her ten times before.

In 1998, Ntabiseng was walking home from the shops when she came across her ex-husband. He started shouting at her and she hit him on the head with a cold drink bottle. He died instantly. She was arrested and released after two days. Ntabiseng attended court on four occasions and was subsequently sentenced to two years imprisonment or R35 000. Her parents and her ex-husband's parent collected the money to get her out of jail.

Interview number 1021 * not her real name Effects of abuse 73

Rachel was the youngest of five wives and was pregnant when her husband abused her physically for the first time. After she was raped by a male nurse while in hospital and became pregnant, her husband divorced her. He continues to abuse her emotionally and financially.

Rachel* lives in Sibasa, a rural area in the Northern province. At the age of 18 she was abused physically for the first time by her husband. She was the youngest of five wives and was pregnant at the time of the abuse. Her husband went out one day with his third wife, which made Rachel jealous. She followed them and her husband found out. When he returned, he beat Rachel with his fists and a sjambok in front of his other wives and their children. As a result, Rachel's sleeping patterns have been affected and she often has panic attacks.

At the age of 20, Rachel was raped by a male nurse. She had just finished feeding her sick baby who was kept in isolation in the hospital nursery when the nurse came in to give the baby medicine. The nurse tripped Rachel, and when she fell to the ground he raped her. As a result of the rape Rachel became pregnant and considered having an abortion. A friend advised her to take the "essence of life" to induce the abortion but it did not work and Rachel had a baby girl. Her husband told her to pack her clothes and took her to the rapist's home and told him "here is your wife". Because of the rape, Rachel's husband divorced her. She feels extremely angry with the rapist and wishes he were dead.

To add to her trauma, her ex-husband continues to abuse her emotionally and financially. He pays a minimal maintenance of R200 per month for their four children. He usually pays late, despite earning about R5 000 a month. Rachel earns less than R500 a month. Her ex-husband also threatens to rape her daughter (who was fathered by the man that raped Rachel). He says she is "a pain in the neck" and would like to take her to a remote area and rape her to his satisfaction. The impact of this emotional abuse has been extreme fear and distrust of men, particularly if they are around her children. Rachel has also experienced depression, ulcers and resentment and hatred of men.

Interview number 1199 * not her real name 74 Violence against woman

Endnotes

1 B W McKendrick and W Senoamadi, Some Effects of Violence on Squatter Camp Families and their Children, in Family Life in Contemporary South Africa: Research and Policy Issues, Human Sciences Research Council, Pretoria, 1996. 2 P Gordan, K Crehan, Dying of Sadness: Gender, Sexual Violence and the HIV Epidemic, SEPED Conference Paper Series, 2000. 3 D Sinclair, Understanding Wife Assault: A Training Manuel for Counsellors and Advocates, Ontario Government Bookstore Publishers, Ontario, 1985. 4 See the case of De Bos in Cape Town, F C Ross, Vat jou goed en trek... The effects of domestic violence on domesticity in an informal settlement, in Violence and Family Life in Contemporary South Africa: Research and Policy Issues, Human Sciences Research Council, Pretoria, 1996. 5 S Rasool, Women abuse: Knowledge, attitudes and practices of medical general practitioners in the Lenasia area, unpublished Honours dissertation, University of the Witwatersrand, Johannesburg, 1995. 6 M Motsei, Breaking the cycle of violence: The role of the family practitioner, SA Family Practice, May 1993. 7 S Rasool, op cit. Chapter six

Medical Assistance

Key findings z Less than half the women surveyed (42%) sought medical help following the most serious incident of abuse. z Age is a factor impacting on who seeks assistance, with women older than 51 years the least likely to have sought assistance. z There is often a delay between the time of the abuse and the time that women seek medical assistance: 20% of all survivors said they were examined within an hour, 46% were examined within a few hours and 30% were examined within a week of the incident. z The lack of transport was the most common reason why women delayed seeking medical treatment. z In the vast majority of cases, the medical personnel did ask survivors who had abused them. Almost all the women provided truthful information about the identity of the abuser. This confirms that health care providers have an important opportunity to identify and help abused women because of their ongoing contact with women. They can perform an important service simply by breaking the silence surrounding abuse and putting women in contact with individuals and groups better prepared to deal with their problems. z The vast majority of survivors were satisfied with the service they received and felt that the medical personnel who assisted them believed their account of events.

The lack of access to medical services, particularly in rural areas, is a key issue raised in this chapter. While women reporting physical abuse to the police do have access to district surgeons, they may also need the services of a doctor, nurse or other medical assistance that may be provided at hospitals and clinics. These services are discussed in this chapter. 78 Violence against woman

The survey results show that the problem of violence against women cannot be understood in isolation from the general disadvantage of women in South Africa. Economic dependency, limited awareness and education, a lack of safe and accessible transport are some of the key issues that determine women's access to health care, as well as their help seeking behaviour in response to abuse. Where health care is available, the accessibility of such care to women is also often influenced by the sensitivity of health care professionals. For many of the women interviewed, the lack of respect shown by health professionals for their privacy was noted as a factor that deterred women from seeking help. This deterrent is intensified by the culture of privacy surrounding abuse in South Africa. Thus, only two fifths (42%) of the women surveyed sought help from medical personnel for the most serious incident of abuse.

Help-seeking patterns

As expected, those women who had experienced physical (53%) and sexual abuse (52%) were more likely than those who experienced economic (8%) or emotional (21%) abuse to have sought medical attention following the incident. A study conducted by the Medical Research Council found a higher tendency to seek medical treatment. Of women who had A 59 year old woman who was been injured in an incident of physical abuse, raped by a stranger, said in the 92% in the Eastern Cape, 92% in Limpopo, and interview that she did not seek 63% in Mpumalanga sought medical treatment. medical assistance because she The levels of help seeking were found to be felt she was too old and she particularly high given the rural nature of the thought it was "…embarrassing to sample and the quite considerable obstacles to go there [to the clinic] for such a access for some women. This suggests that thing". ISS National Survey women are seeking help despite considerable difficulties, and that even in rural areas the medical fraternity is an important point of contact for women.1

Factors affecting help-seeking

Age appeared to be an important factor impacting on the tendency to seek medical help. Women older than 51 years were less likely to have sought medical assistance (29%) than those in the younger age groups-18 to 30 years (46%) and 31 to 50 years (44%). Women living in the suburbs in urban areas were most likely to have sought medical assistance following the worst incident of abuse (49%), in comparison to Medical Assistance 79 those living in the townships (45%), the metropolitan areas (43%) and rural areas (39%). In focus group discussions, the interviewers were asked why women in the rural areas were less likely to approach a medical person for assistance. Their responses highlight the perceived lack of general practitioners in these areas. Moreover, they indicate that the limited resources that do exist are inaccessible, alienating and are not user-friendly or private (see text box below).

"[Women probably] don't go to doctors because of money and clinics are too far, for example the closest clinic is 14km from Pedi and the police station. In rural areas women are really not given treatment for abuse." Eastern Cape focus group

"Many [of the clinics] are mobile and are therefore only in the area every few weeks." KwaZulu Natal focus group

"They use herbalists. Many people in rural areas don't believe in doctors. By the time the mobile clinic gets there the wound has healed." Mpumalanga focus group

"… in many areas there are no clinics and where they do exist the attitude of staff towards the abused is appalling. So women do not trust the staff at the clinics, especially when it comes to confidentiality and in the case of mobile clinics there simply is no privacy." North West focus group

"They go to the inyanga [traditional healer]. The doctor is too far from them [and] they need taxi fare. These people don't want to speak. She is shy to leave her yard if she is bruised—she does not want to sit on a taxi with strangers…and go to a public clinic where the nurses will shout at you: "What have you done to yourself?" In the mobile clinics there is no privacy and someone may tell her husband that she has been talking." Northern Cape focus group

"There is a lack of resources. There are no clinics. In some places there is only one clinic for a whole community and they have days that they do different things—one day they do antenatal, one-day family planning etc. But there is no focus on domestic violence." Free State focus group

These discussions are supported by research conducted in the rural areas of the Southern Cape. Women in that study complained that staff at the clinics were often dismissive and insensitive to battered women and that long waiting periods for examinations were not uncommon. Services were referred to as 'basic' due to the 80 Violence against woman fact that rural clinics often lacked basic facilities and attended only to the symptoms or injuries of violence against women. The women also had to travel long distances to obtain medical treatment, with public transport hindering access to the clinics.2

Examination following the incident of abuse

A fifth (20%) of all survivors said they were examined within an hour of the most serious incident of abuse and 46% were examined within a few hours. Three tenths (30%) were examined within a week of the incident and only 5% were examined weeks, months or years later. Physical abuse survivors tended to be examined more quickly than sexual abuse survivors (Figure 11). Women who had experienced physical abuse as their worst incident were more likely to have been examined within the first hour (33%), in comparison to those subjected to sexual abuse (11%). Further, over half (53%) of the physical abuse cases were examined within the first few hours, as opposed to two fifths (40%) of the sexual abuse cases. This may be explained by: z The severity and extent of injuries sustained in the most serious incident of physical abuse. When asked about their injuries, those women who sought medical attention within a few hours of the incident indicated broken limbs, stab wounds, severe beatings, internal bleeding, miscarriages, burns or scalds etc. z The fact that over a quarter (27%) of the women who had been sexually abused and had not sought medical attention from other medical personnel within a few hours had been seen by a district surgeon. Thus, although these women did not seek medical attention, they were attended to by a doctor in the form of a district surgeon. Women subjected to sexual abuse were more likely to have been examined by medical personnel up to a week after the abuse (42%) than those who reported physical abuse (14%). This treatment may have taken place after the women had been examined by the district surgeon, as the women are not always given medical treatment by the district surgeon. Women with a tertiary level of education were more likely to have received medical treatment within one hour of the most serious incident of abuse. Nearly a third (32%) of women with tertiary qualifications received treatment within an hour, compared to 25% of women with a primary school education, 16% with high school, and 14% with no education. Thus, it seems that there are links between help-seeking behaviour and education, although the number of women with tertiary qualifications who sought medical treatment remains low. Medical Assistance 81

Figure 11: Time elapsed before receiving medical assistance

60 53 50 40 42 40 33 30 14 20 11 7 % of respondents 10 1 0 0 - 1 hour 1 to a few Next day to 1 Weeks, hours week months, years later

Physical Sexual Time period

Reasons for examination delays

A number of reasons as to why the respondents received medical assistance more than an hour after the most serious incident of abuse were given. These included: z the woman did not have transport (30%); z the delay was due to the medical staff (23%);3 z she did not think it was necessary (16%); z the perpetrator did not allow her to seek medical assistance (16%). Of those women examined more than an hour after the abuse, the most common reason in the case of physical abuse was a lack of transport (46%). Only 22% of the sexual abuse survivors cited this as a reason for the delay. The sexual abuse survivors were more likely to have indicated that the reason they were examined more than an hour after the incident was that the perpetrator would not allow them to seek treatment (20%), while only a tenth (10%) of the physical abuse cases said this was the case. Survivors of sexual abuse were more likely to have had to wait for the arrival of the investigating officer and for police transport to become available. In some cases survivors also indicated that the incident occurred at night and the clinic was not open to assist them. The results also show that even when clinics were open, personnel were sometimes not willing to help, as illustrated in the box below. 82 Violence against woman

"There was a child of about 8 or 9 years old who came [to the clinic] bleeding and said she was raped by boys on a bicycle. They did nothing and asked for an older relative. We asked ‘Why are you calling the relative—the nurses should take her to a hospital.’ The nurse on night duty said the doctor would only be available the following morning. We phoned the hospital to ask if he is not supposed to be available for 24hrs. He said he is available but the nurses say that the doctor is not available because they want to sleep." Eastern Cape focus group

Across age groups, the most common reason for the delay in seeking medical treatment was the lack of transport. There were however differences in respect of other reasons across the age groups: z Nearly a quarter (24%) of women older than 51 years, who sought medical help after more than an hour, did so because they had not thought treatment was necessary. In comparison only 15% of the women between 18 and 30 years, and 16% of the women between 31 and 50 years, said that this was the reason treatment was delayed. z Over a fifth of young women (18 to 30 years) indicated that the perpetrator had not allowed them to seek treatment earlier. Nearly two fifths (38%) of women older than 51 years said that this was the case, as did 29% of those 18 to 30 years and 31 to 50 years (30%). z Further, 33% of those survivors older than 51 years, who were treated more than an hour after the incident, said that the delay was caused by the helpers (such as the police). Nearly a fifth (19%) of those 18 to 30 years old and 23% of those 31 to 50 years old said that this was the case. Nearly half (47%) of the women from rural areas said that the reason they received medical treatment more than an hour after the most serious incident was that they did not have transport. This was less likely to be the case in the metropolitan areas (23%), and in the townships (16%) and urban suburbs (8%). Women in the townships (29%) and the suburbs (28%) were more likely to say the delay was due to the helpers, than were those in the rural areas (19%) and the metropoles (15%). Over a third (36%) of the women in the suburbs delayed seeking treatment because they did not think it was necessary, compared to 15% in the metropolitan areas, 15% in rural areas and 8% in townships. The results suggest that transport is a central issue in preventing abused women from gaining access to medical care and one that deserves attention if the services available to abused women are to be improved. Medical Assistance 83

Disclosure to medical personnel

Most survivors (90%) who sought medical assistance for the worst incident of abuse were asked about the identity of the perpetrator by the medical person. Most women (91%) truthfully volunteered the name of the abuser. In the small percentage of cases where the medical person had not made this inquiry, over half (52%) of the women volunteered the information themselves. When women did not accurately identify their abuser, it was because: z they were embarrassed or ashamed; z they were afraid of the abuser; z because the abuser was present at the time the question was asked. The high proportion of women naming their abuser corresponds with the findings of another South African study. In a random sample of women across the country, the survey found that of those women experiencing injuries from physical violence, the majority named their abuser. Thus, 93% of women in Mpumalanga, 91% in Limpopo and 71% in the Eastern Cape, told a health worker the identity of the person who had injured them.4 This confirms the conclusions of a seminar on sexual coercion and reproductive health held by researchers, activists and reproductive health practitioners in New York in 1993. Delegates concluded that health providers have an important opportunity to identify and help abused women because of their ongoing contact with women. They can be an important source of support and referral or they can exacerbate the situation through insensitive and judgmental behaviour. Health care providers are generally granted social permission to ask sensitive questions and can adopt an attitude of clinical interest rather than moral inquiry. They can perform an important service simply by breaking the silence surrounding abuse and putting women in contact with individuals and groups better prepared to deal with their violence related problems. Even where no services exist, a provider can emphasise that no one deserves to be beaten or to be blamed for being raped.5 Despite the opportunities to positively impact on the problem of violence against women, few health care workers seem to play such a role. A study of health care workers from a community health centre in Cape Town found that health workers reported that they were reserved about asking direct questions regarding domestic violence. They indicated that they thought it was unnecessary (47%), they thought it was too sensitive (40%) or they were simply too busy to ask (13%).6 A study in an Alexander township health care clinic found that providers failed to record the identity of the perpetrator of the injuries in 81% of the cases and medical charts included agent-less descriptions such as 'stabbed with a knife' and 'chopped with an axe'.7 In addition to a lack of awareness about the extent of the problem and a lack of awareness about how to identify the problem, a number of other barriers to medical 84 Violence against woman personnel accurately detecting battered women have been identified: z believing that violence against women is not a health issue; z believing that violence and rape of women by a male partner is acceptable and allowed; z blaming the women and wondering why she does not leave the abusive partner; z not knowing how to intervene; z concern that addressing the cause of the injury will take a lot of time.8

Satisfaction with medical assistance

While most (92%) of the women felt that the medical person they spoke to believed them, women in rural areas (87%) were less likely to feel believed than those in urban areas (99%). Overall, survivors were satisfied with the service provided by medical personnel (91%). Within the different settlement types, women in townships were least satisfied with the service, while those in metropolitan and rural areas were most satisfied (Figure 12).

Figure 12: Women who were satisfied with service received from medical personnel 120 100 95 100 87 91 76 80 60 40

% of respondents 20 0 Metropolitan R ural Suburb (Urban) Township O verall (urban) Type of area

One of the reasons for dissatisfaction with the service provided by medical personnel was a disbelieving or gender insensitive attitude. Related to this was one woman's complaint that the doctor made racist comments. Another reason for dissatisfaction was that the doctor was unavailable, which forced the survivor to seek help elsewhere. Medical Assistance 85

Equally, in a study of violence against women among rural women in the Southern Cape, it emerged that there were long queues and no assistants to pick up on issues of violence against women. There were also no materials to inform women of where they could seek help and legal remedy in instances of abuse.9 The results indicate the need for a wider responsibility to be taken in the treatment process for the ongoing help and protection of abused women. At present there is an absence of protocol or procedure in respect of family violence, which impedes the assistance process. 86 Violence against woman

Linda's husband beat her and kicked her teeth out. The doctor who treated her wounds helped her to apply for a disability grant even though she had been too scared to tell him the truth about what happened.

Linda* lives in Goshen, a rural area in the Eastern Cape. She is 45 years old and has been abused by her husband since the age of 38. This is her story.

My husband always beats me when he's drunk. I've got three children and they are used to seeing what their father does. They asked me to leave him but I refused because I love my husband and I am dependent on him for everything. He was working and supporting the family. One Friday when I came back from work, he was drunk as usual. He asked for food. I asked him to wait so I could warm it. He slapped me and said he was tired of talking to me. He took a stick and beat me. He was as furious as a snake and he threw the lid of a pot at me. I cried for help. The children were also upset. He said he would kill me when I started fighting back. When I tried to run away he caught me and stabbed my eyes. Some of my teeth were kicked out. Even today my face is full of scars.

People heard the noise and asked him to stop beating me. I was taken to hospital. They asked me who did this and I said I was attacked (by a stranger). The doctor did not believe this, but nevertheless admitted me to hospital and helped me apply for a disability grant. I was too scared to tell him the truth since my husband threatened to kill me if I did. My family said that I must bear it because my husband has paid lobola. They are afraid he will ask for a refund.

Some family members supported me. The women's group was also supportive and understood that I did not want to lay a charge because I was dependent on my husband. If it happened now, I would open a case because I have a disability grant and I've left him, even though I am not officially divorced. The incident has left me feeling angry and hurt. I am a single parent and am not working so it's difficult to give my children an education.

Interview number 1004 * not her real name Medical Assistance 87

Nita's husband has been abusing her economically, emotionally, physically and sexually. She is 53 years old and contracted AIDS and other STDs.

Nita* is 53 years old and lives in KwaDuguza in KwaZulu Natal. She tells her story... My husband does not give me any money. I cannot dress and make myself look good. I feel restricted, like I am in a prison. His behaviour is not normal. It makes me feel helpless and depressed. When I first met him he supported me. What he does to me now is not normal especially when he swears at me in front of my children. He also swears at them and threatens to kill them. He must be helped to change his behaviour. This emotional abuse makes me feel like killing myself. I still feel hurt now because the abuse continues. Even when he is not at home I hear him swearing at me all the time.

My husband also inserts objects into my vagina and at the same time engages in normal sex with me even though I suffer from piles. He inserts the objects deep into my vagina and urinates on me at the same time. This is not normal sex and I do not enjoy it. In fact it hurts so much that I feel sick for a few days. I have also since contracted AIDS and other STD's. If I don’t do what he wants, he hits me. I am afraid of him, especially when I enter the bedroom. One day, my husband's friend phoned him and he accused me of having an affair with this man. He grabbed me by the neck and tried to strangle me. Then he stretched my legs apart trying to break my bones. He broke a beer bottle and rubbed the pieces on my head. He hit me so badly my teeth broke, my ear and lips were cut open and I had bruises and lumps all over my body. When I finally managed to break away, I ran into the road and was lucky not to be struck by an oncoming car. I only received medical treatment about 10 hours after the incident because the doctor was not available.

After this incident I left home but he kept phoning, begging me to go back. The counselling sessions gave me the courage to be more assertive. They informed me about how to protect myself using the Family Violence Act and the interdict. I also visited a religious leader who gave me spiritual guidance and spoke to my husband and children. They tried hard to help my husband understand that what he was doing was wrong.

Interview number 1179 * not her real name 88 Violence against woman

Endnotes

1 R Jewkes, L Penn-Kekana, J Levin, Ratsaka, M & M Schrieber, "He must give me money, he mustn't beat me": Violence Against Women in Three South African Provinces, CERSA (Women's Health), Medical Research Council, Pretoria, August 1999.

2 L M Artz, Violence Against Women in Rural Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework, Institute of Criminology, University of Cape Town, 1999.

3 Medical staff may have been on tea or lunch breaks, or unavailable at the time.

4 R Jewkes, op cit.

5 L Heise, K Moore & N Toubia, Sexual Coercion and Reproductive Health: A focus on research, Population Council, New York, 1995.

6 T Jacobs, M Steenkamp, S Marais, Domestic Violence Against Women: A close look at intimate partner violence, Trauma Review, August 1998.

7 M Motsei, Recognition of women battering at Alexander Clinic: A Pilot Study, Centre for Health Policy, University of the Witwatersrand Medical School, Johannesburg, 1992.

8 M Motsei, Breaking the Cycle of Violence: The Role of the Family Practitioner, South African Family Practice, May 1993.

9 L Artz, op cit. Chapter seven

Counsellors

Key findings z Less than half of the women (46%) sought help from a counsellor for the most serious incident of abuse. z Women in rural areas were least likely (38%) to seek this sort of assistance, while those living in the suburbs of urban areas were most likely (61%). z Women who had been physically abused were least likely to have received counselling. z Women were more likely to have sought help from a social worker than from lay counsellors, psychologists and psychiatrists. z More than half (56%) of the women who had been economically abused approached a social worker for assistance, compared to only 38% of survivors of physical abuse, 36% of emotional abuse and 33% of sexual abuse survivors. This ties up with other research which indicated that the primary concerns of state welfare workers was the effective administration of pension, maintenance and social assistance grants. z Less than a third of survivors were required to pay for counselling. z The overwhelming majority (92%) of women were satisfied with the way they had been treated by the counsellor. z The study confirms other research findings that the relationship between non- state counsellors and government social workers is strained. Social workers have been found to rarely offer counselling and support to abused women. They also allegedly reduce their workload by making referrals to NGO's but seldom follow- up on referred cases. 90 Violence against woman

Survivors of abuse can seek support from a number of sources. One source is trained service providers such as counsellors. Others include family, friends, and various religious structures. The following two chapters explore the utilisation of these various support structures by the women interviewed.

Use of counsellors

Overall, less than half (46%) of the women sought help from a counsellor for the most serious incident of abuse experienced within the last five years. Nearly two thirds (61%) of the women living in suburbs sought help from a counsellor compared to about half of the women in the metropolitan areas (51%) and townships (50%). Less than two fifths (38%) of the women in rural areas sought this kind of assistance following the worst incident of abuse. In focus group discussions with interviewers it emerged that there is a lack of counselling services in rural areas (see box below).

"In Mpumalanga there are only 35 lay counsellors to deal with the whole province. The counsellors tend to live in urban areas and the women do not have the money to travel." Mpumalanga focus group

"In the rural areas the distances are vast, far from towns. The counsellors are in town and so [women] need taxi fare to get there. Also those women only go to town to buy food, they don't know other places." Northern Cape focus group

"Rural areas don't have counsellors. They are very neglected. There is a social worker who goes there once a week or a month and she says 'Is everybody okay? Does anyone need a pension?' She does not give women the opportunity to talk about abuse. Many don't go to the social worker as it is not easy, they don't think she will understand but will treat them like another case." Free State focus group

The last quote in the box above shows that the problem of access is not limited to lay counsellors but extends to government social workers as well. This issue was also highlighted by non-governmental organisations interviewed in the Eastern Cape by Masimanyane. They indicated that government social workers work mainly from their offices rather than visiting homes in the communities.1 Women with a higher level of education were more likely to seek help from a counsellor, social worker or psychologist. Nearly two thirds (64%) of the women with a tertiary level of education sought counselling, in comparison to less than half (46%) of those with an upper secondary, 39% with a lower secondary and 39% with a primary level of education. Counsellors 91

Women who had been physically abused (39%) were less likely to have received counselling following the most serious incident than those who had been economically (44%), sexually (48%) or emotionally (52%) abused.

Nature of counselling

The women interviewed went to a range of counsellors (Figure 13), although the majority sought assistance from state social workers: z 37% of the women went to a social worker for counselling; z 28% went to a lay counsellor; z 23% approached a psychologist; z friends, family members and religious people were the source of counselling in 8% of the cases. Women in the rural areas largely approached social workers (46%) and lay counsellors (39%) for assistance, as did women in the townships. Nearly half of the women in townships approached social workers (47%) and 45% went to lay counsellors. In the suburbs, half (50%) of the women went to social workers but nearly three tenths (29%) went to psychologists. In the metropolitan areas, women were most likely to have gone to a psychologist for assistance (46%). More than half (56%) of the women who had been economically abused approached a social worker for assistance. By comparison, survivors of other types of abuse were less likely to have visited a social worker for counselling.

Figure 13: Type of counsellor 37 40 28 30 23 20 8 10 4 % of respondent 0 Social Lay Psychologist Friends, Religious worker counsellor family, religious person

Over a third of the women who had been emotionally (36%), physically (38%) or sexually (33%) abused had done so. 92 Violence against woman

This may reflect the priorities of social workers. Social workers interviewed from the Department of Social Development ('Welfare') in the Western Cape, as part of a study conducted in rural areas of the Southern Cape, argued that domestic violence was exacerbated by the socio-economic position of women in poorer communities. Therefore these social workers saw their primary objective as economic assistance. This translated into the primary concern of state welfare workers being the effective administration of pension and maintenance grants, and social assistance grants. However this focus is inadequate for meeting the needs of most women and there are no special grants (housing or other social assistance) for survivors of gender violence within the system. Consequently direct service delivery to abused women in the form of counselling, referrals and legal advice, was not a priority. As a result, participants in that study indicated that while they were aware of the Department of Social Development, they were hesitant to approach them because they were of little assistance in cases of violence against women. Women complained that the Department "does nothing" and "just tells them to go to the police".2 Apart from state social workers, the national survey found that: z Over a third (35%) of the women who had been sexually abused were counselled by lay counsellors, as were 28% of the women who were economically abused. Survivors of emotional (19%) and physical (18%) abuse were less likely to have approached a lay counsellor for help. z Three tenths (30%) of those who were emotionally abused and 24% of those who experienced sexual abuse were counselled by a psychologist. This was only the case in 16% of the economic abuse cases and 15% of the physical abuse cases. African women (40%) were more likely than the other races (29%) to see a social worker for counselling. They were also more likely to see a lay counsellor (31%) than the other race groups (15%). The white women in the study were more likely to have seen a psychologist or psychiatrist (32%) than the African women (22%).

Payment for counselling

The majority of women were not required to pay for the counselling they received, although a sizeable proportion did indeed pay for assistance: z Overall, 69% of survivors were not required to pay for counselling. z Only two of the women who had been economically abused paid for counselling. z Over a third of survivors of emotional (36%), physical (35%) and sexual (33%) abuse were required to pay for counselling. The majority (96%) of women in townships and rural areas (83%) did not have to pay for counselling. However more than two fifths (44%) of the women in suburbs Counsellors 93 and 92% of women in the metropolitan areas did have to pay for counselling. Nearly three quarters (74%) of the African women did not have to pay for counselling, as was the case for 71% of the coloured women. Only half (50%) of the white women and 43% of the Indian women did not have to pay for counselling.

Whether women felt understood

Overall, 95% of survivors felt understood by the counsellor. The overwhelming majority of the women who experienced economic (100%), emotional (98%) and sexual (97%) abuse felt that the counsellor understood them (Figure 14).

Figure 14: Women who felt understood by their counsellor

100 98 100 97 95 95

90 87

% of respondents 85

80 Economic Emotional Sexual Physical Overall Type of abuse

However, while most of the women (87%) who were physically abused felt that the counsellor understood them, they were less likely than other survivors to say so. This is probably linked to the complex nature of domestic violence that is not always understood by helping professionals. This is particularly the case when women return to the abusive relationship, with the result that professionals become unwilling to help them or begin to blame the survivor.

Frequency of counselling

Survivors were most likely to attend a few counselling sessions (39%). Twenty nine percent of the women were still in counselling at the time of the interview, 16% 94 Violence against woman attended counselling for months or a year or more, and 15% of the women attended counselling only once. z Nearly a quarter (24%) of the women who had been physically abused went for counselling only once. This was less likely to be the case in emotional (15%), sexual (11%) and economic (9%) abuse (Table 23). z Thirty nine percent of the women went for counselling a few times. There was no significant difference across the types of abuse. z Over a third (35%) of the women who had been sexually abused were still in counselling at the time of the interview, as were 29% of the physical, 26% of the economic, and 17% of the emotional abuse survivors.

Table 23: Amount of time survivors attended counselling, by type of abuse (%)

Length of time Type of abuse Total in counselling Economic Emotional Physical Sexual Only once 9 15 24 11 15 Few times 39 39 41 39 39 Months 26 13 5 6 9 Year 0 7 0 2 2 More than a year 0 9 2 6 5 Still in counselling 26 17 29 35 29 Total 100 100 100 100 100

Young women between 18 and 30 years were more likely to attend counselling only once compared to women older than 31 years (Table 24). They were however, also more likely to still be in counselling than older women. This may be due to the fact that younger women may be in their early stages of abuse and are more likely to attempt to use counselling to deal with the problem. It is also possible that young women have more faith in counsellors as a helping agency than older women, or are more aware of this as an option, and are hence more likely to make use of them.

Table 24: Amount of time survivors attended counselling, by age (%) Length of time Age group Total in counselling 18 - 30 years 31 + years

Only once 20 10 15 Few times 30 49 39 Months 12 7 9 Year 4 X 2 More than a year 2 8 5 Still in counselling 32 26 29 Total 100 100 100 Counsellors 95

Reasons for withdrawing from counselling

Generally, when asked why they had stopped going for counselling, survivors responded that the counselling was no longer needed (64%). A tenth (10%) indicated that they were physically unable to continue either because the counsellor or the respondent had relocated. Only 7% of women gave financial difficulties or lack of transport as their reason. Just over 12% of survivors stopped attending counselling because they were dissatisfied with the quality of the service. 9% said they did not find the counselling useful and 3% said they did not like the counsellor or they did not feel that the counsellor understood them.

Satisfaction with counsellors

Overall, the overwhelming majority (92%) of women were satisfied with the way they had been treated by the counsellor. However, while the majority of those women who had been physically abused were satisfied, they were less likely to be content than survivors of economic, emotional and sexual abuse (Figure 15).

Figure 15: Women who were satisfied with services provided by their counsellor 96 95 93 95 92

90

85 83

% of respondents 80

75 Economic Emotional Sexual Physical Overall Type of abuse

One of the reasons given for dissatisfaction with the service offered by counsellors was that if the abuser refused to attend counselling, the social worker was unable to compel him to do so. Other reasons for dissatisfaction were that the counsellor did not advise the women properly or refer her to the appropriate 96 Violence against woman individuals or agencies for assistance, as well as the negative attitudes the women may have encountered during counselling. When the interviewers were asked about the negative attitudes of counsellors experienced by some women, they described some government employed social workers as insensitive and "just doing a job". These social workers rarely offered counselling and support to abused women. This insensitive treatment of clients was also highlighted by NGO's interviewed in the Eastern Cape by Masimanyane. That study revealed the lack of counselling offered by social workers, which resulted in women having to go to NGO's for this service. Other concerns regarding government social workers raised by medical personnel were the limited numbers of social workers, a lack of specialised skills to deal with violence against women, and the attitude of social workers who respond sooner to referrals made by doctors rather than to referrals made by nurses.3

"Social workers don't want to give counselling—they just want to tell you your options. To her it is just a job—she has no empathy. Social workers don't have a good reputation—for her you are just a statistic. Familiarity breeds contempt. It is just work to them. They have told the woman her alternatives and now it is her problem." Free State focus group

The findings of the ISS national survey at hand also highlight the potentially difficult relationship that exists between NGO counsellors and state social workers. During a presentation by researchers to organisations that assist abused women in the North West province, representatives of the NGO's present stated that the government social workers were not working with them, as the social workers thought their role was threatened by the NGO's. At the same time, the respondents The general lack of confidentiality noted that the Department of Social was highlighted and also the fact Development was not getting services to that social workers are very hard people, and that in cases where government to contact, especially out of office social workers had taken over successful hours and at weekends when programmes initiated by NGO's, they had most cases of domestic violence failed to continue the project's success. Such occur. projects, particularly ones that dealt with empowering survivors, were however seen by those present as essential in helping to curb domestic violence. Many organisations complained about having to continually follow up on the work of social workers. Similar criticisms of government social workers by NGO representatives were documented in the study conducted in the Eastern Cape by Masimanyane. Discussions revolved around the issue of social workers not taking responsibility for cases. There was a feeling that government social workers offloaded their work by Counsellors 97 making referrals to NGO's and then did not follow-up on cases referred to other organisations. One of the reasons was thought to be a lack of accountability and supervision.4

At the age of 21 Desiree was assaulted and gang raped by her boyfriend and his friends in a classroom. After the rape she became withdrawn and incredibly angry, particularly with herself.

Desiree* lives in Boikhutso in the North West. She is now a 35 year old woman. This is her story.

One day my boyfriend and his friends attacked me. They pushed me through a fence which tore at my skin. I didn't know what to do because when I tried to fight back they became more aggressive. When I tried to scream they held a knife to me and threatened to kill me. I was so scared and helpless. The three boys (including my boyfriend) pulled me into a classroom. They started tearing at my clothes and kissing my private parts. Then they tied my legs apart and raped me.

The first time this happened to Desiree she was 21 years old in senior high school. For Desiree this incident stands out as the worst because it was embarrassing and humiliating. It has also impacted tremendously on her emotional state. After the incident, Desiree felt alone and scared. She did not feel like talking to anyone and just cried continuously. She was also withdrawn and incredibly angry, particularly with herself. As a result of the rape, Desiree contracted a sexually transmitted disease. Six years after the incident, Desiree still has flashbacks and nightmares. Another long term consequence has been a problematic sex life.

Interview number 1002 * not her real name 98 Violence against woman

Endnotes

1 S B Dawood, D M Foster, L A Foster & R Manjoo, Violence Against Women: An Exploratory Study of the Impact of the Justice System on Victims/ Survivors of Domestic Violence and Rape, Masimanyane Women's Support Centre, East London, 1999.

2 L M Artz, Violence Against Women in Rural Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework, Institute of Criminology, University of Cape Town, 1999. 3 S B Dawood, op cit.

4 Ibid Chapter eight

Informal sources of support: friends, family and the church

Key findings z Women were most likely to seek help from family after the most serious incident of abuse: 60% of survivors said they turned to family members for assistance. z The focus group discussions revealed however that much work needs to be done with families to help them understand the dynamics of abuse and to respond appropriately to survivors. z A large percentage of women (43%) also used friends as a resource after abuse. Survivors of emotional abuse were most likely to seek help from friends, followed by those who had experienced physical abuse, sexual abuse and lastly economic abuse. z Only 20% of women sought help from a religious person after the most serious incident of abuse. z Women in the townships were least likely to have sought guidance from a religious person. z Women older than 51 years were most likely to have sought help from a religious person.

Family support

Family was the resource used most often by women (except for those in metropolitan areas): 60% of the women sought help from their families for the most serious incident of abuse. Women in the suburbs (72%) and the rural areas (66%) were more likely to have sought help from their families for the worst incident of abuse, compared to those in townships (58%) and metropolitan areas (41%). When asked why women in the 100 Violence against woman metropolitan areas were less likely to seek help from their families, the interviewers stated that this may be due to the generally unsupportive family networks in these areas.

"Women in the metropolitan areas know that their families are less supportive and that there are professional people who will deal with the abuse in a certain way. The families tend to take the abuser's side. It is not easy to go to families. They will say 'As educated as you are, you still fight [with the abuser]. But look what a beautiful house you have…'." Free State focus group

Nearly two thirds of the women who had been physically (67%) and emotionally (66%) abused sought help from their families. Nearly 58% of the women who had been sexually abused did the same, while only 43% of the economic abuse survivors did so. Even though the number of survivors that seek help from family decreases in the case of economic abuse and in the metropolitan areas, family remains a resource used frequently by survivors. Given this, it is important to consider how families respond to women. The focus groups revealed the following:

"A woman can't wake up one morning and decide to apply for maintenance. She has to go to her mother-in-law and talk to her. A family meeting will be called and they will decide whether or not she should apply for maintenance." Mpumulanga focus group

"Families have a tendency to tell them [survivors] to keep a roof on their problem, therefore disempowering them. It is difficult to separate who you are actually divorcing as, in the case of African women, the whole family would be involved. The family could also be your friends but although they support you, they encourage you to stay. This is an issue that goes back to lobola as a women is not just married to her husband but her family is actually married to his family." Northern Province focus group

"The family must be the one to cover the dispute—they [survivors] must go to their family first. Even if they have money, the family is supposed to do these things…the counsellor is a stranger and it is humiliating for the family for her to go outside." Northern Cape focus group

"On your wedding day the older women take you aside and give you instructions so you just have to stay. Even with your own parents—your mother stands up for your boyfriend." Free State focus group Informal sources of support: friends, family and the church 101

It is thus clear that much work needs to be done with families to help them understand the dynamics of abuse and to respond appropriately to survivors.

Friends as support for survivors

Overall, 43% of the women sought help from their friends for the most serious incident of abuse. Approximately half of the women living in the townships (49%) and suburbs (48%) sought help from their friends. A slightly smaller proportion of women living in the rural areas (42%) and the metropolitan areas (35%) did the same. In focus group discussions held with the interviewers, respondents felt that the reason women in rural areas were less likely than those living in the townships and the suburbs to have sought help from friends, was due to gossip and the likelihood of friends transmitting sensitive information to others (see box below). "If they [survivors] tell a friend, When asked why women in the soon the whole community metropolitan areas were the least likely to have knows and then she is labelled as sought help from friends, interviewers said that someone who has been raped." it was a matter of pride, particularly for women Mpumulanga focus group who had left their communities to have more opportunities for a "successful life". In the Limpopo focus group, counsellors said, "They are ashamed and do not want their friends to know as they think it will result in a loss of their credibility". Survivors of emotional abuse were most likely (50%) to seek help from friends compared to physical abuse (48%), sexual abuse (40%) and economic abuse (33%). It seems that it is more acceptable to talk to friends about emotional and physical abuse.

Support from ministers of religion

A fifth (20%) of the women interviewed sought help for the most serious incident of abuse from a religious minister. Over a third (35%) of the women in the suburbs, 21% in rural areas and 14% in the metropolitan areas sought help from a religious person. Women in the townships were the least likely (9%) to have sought guidance from a religious minister. When interviewers were asked why this was the case, the responses related to the lack of religious faith and a lack of trust in ministers (see following text box). 102 Violence against woman

"[Ministers of religion] do not necessarily keep information confidential and often abuse their powers." KwaZulu Natal focus group

"The priest doesn't understand the problem, he is only concerned with church activities. He tells you 'Try again'." Free State focus group

"Women in the townships don't go to church. Priests have changed—they are the rapists and they are having affairs." Free State focus group

"Women do not take religion seriously—the answer is not necessarily in God—and they recognise the abuse as a crime. But in the case of religious advisors they tend to reinforce the role of the woman as a martyr. They do not understand the needs of the woman and expect them to endure the abuse." Limpopo focus group

Older women were however more likely to use a religious person than younger women. A third (33%) of the women older than 51 years approached a religious person for help, as opposed to 17% of those between the ages of 18 and 30, and 17% between the ages of 31 and 50. Three tenths (30%) of the women who had been emotionally abused, 20% of survivors of sexual abuse, 18% of physical abuse and only 7% of economic abuse sought help from a religious minister. These findings are supported by results obtained elsewhere. Rural women interviewed in the Southern Cape, for example, felt that the church did play a positive role in their lives, but they did not feel that the church was "effective" in dealing with issues of violence against women. Church sermons addressed the issues of drugs, alcohol, and child abuse, but none of the participants could recall their church leaders referring to domestic violence as a "social ill"1.

Endnotes

L M Artz, Violence against women in rural Southern Cape: Exploring access to justice within a feminist jurisprudence framework, Institute of Criminology, University of Cape Town, 1999. Chapter nine

District surgeons

Key findings z Less than 20% of rape survivors were examined by the district surgeon. z Survivors living in the suburbs were most likely to have been examined. Those in the rural areas were least likely. z Over a third of the women were examined more than four hours after the incident. Lack of awareness among survivors that they needed to consult the district surgeon as well as lack of transport were the reasons given for delayed examinations. z In 66% of cases, the police or other agencies such as social workers, took the survivor to the district surgeon. z Most survivors (82%) were examined by a male district surgeon. z Despite the requirement in the Sexual Offences Guidelines that another woman be present when a male trained health worker examines a survivor, only 46% of women reported that this had been the case. z The Sexual Offences Guidelines indicate that after the examination, district surgeons should, at least, provide survivors (who consent) with prophylactic treatment against sexually transmitted diseases and post-coital contraception. Despite this, 23% of survivors said the district surgeon had not treated them for pregnancy or sexually transmitted diseases. z Most survivors (75%) nevertheless felt satisfied with the way they were treated.

When cases of rape are reported to the authorities, it is required that survivors are taken to the district surgeon for examination. A number of guidelines are provided within various South African Police Service (SAPS) policy documents as to the processes to be followed in this regard, in order to minimise any additional trauma 104 Violence against woman experienced by the survivor. However, as the following analysis reveals, the utilisation of the services of district surgeons is far from effective. Overall, less than a fifth of the rape survivors in the survey were examined by a district surgeon. Of those survivors who did see a district surgeon, a quarter (25%) lived in the suburbs, 19% lived in townships, 18% in the metropolitan areas, and 16% in rural areas. In most of the instances (76%) when a survivor was seen by the district surgeon, she had been referred by the police. In less than a tenth (9%) of the cases, the survivor was referred by a doctor, and in 6% of the cases friends and family members advised the women to seek help from the district surgeon. Five percent of survivors said they referred themselves. Social workers (2%) and community organisations (2%) accounted for a small percentage of the referrals. Two thirds (64%) of the women said they were examined by the district surgeon within four hours of the rape. Over a fifth (22%) were seen between five and 24 hours after the incident, and 14% of the women were only examined days or weeks after the incident. When asked why there had been a delay of more than two hours before they were examined by the district surgeon, 28% of the survivors said they were not aware that they had to be "Most district surgeons in examined by the district surgeon. Over a fifth (21%) the rural areas are part- said that they were unable to get to the district surgeon time, combining their or did not have transport. Police officers interviewed as official duties with private part of a study on sexual violence in Southern practice." Human Rights Johannesburg also reported the lack of transport as the Watch main reason for delays in women seeing the district surgeon.1 Similar findings have been reported in a number of other studies.2 A number of possible reasons exist for delays in seeing the district surgeon, or for not seeing the district surgeon at all, including the transport impediment mentioned above: z The actual examination by the district surgeon is often an additional trauma for survivors of rape. When asked about their feelings when seeing the district surgeon, less than a fifth (18%) said that they felt anxious about going, while 10% said that they felt too ashamed. A further 4% had waited before reporting the incident, thus negating the need to see the district surgeon after reporting the case. In a small percentage of the cases (2%) the abuser had threatened the woman against telling anyone about the incident. z In less than a fifth of the cases, survivors said there were problems with the delivery of the service, i.e. that the district surgeon was not available (9%) or that the queue was too long (8%). District surgeons 105

Visits to the district surgeon

In many instances, survivors may be unaware of the need to see the district surgeon. It is thus important that service providers explain the reasons to the public and to their 'clients'. Over two thirds (64%) of women who saw the district surgeon received an explanation of why the examination was necessary. The vast majority of these women (89%) lived in the suburbs. A smaller percentage resided in the townships (70%), rural areas (69%) and metropolitan areas (31%). In a study conducted in three police stations in the Cape Flats, respondents said that the doctor did not communicate the examination procedure or the findings of the examination to them. Further they complained that there was little or no contact with the district surgeon after the initial examination.3 In nearly two thirds of the cases (66%) in the ISS national survey, the police or other agencies such as social workers, took the survivor to the district surgeon. A much smaller proportion of survivors went on their own (15%) or were taken by family or friends (15%). The district surgeon went to the woman in 4% of the cases. The majority of the examinations were conducted by the district surgeons at their offices (52%), while 43% were conducted at the hospital. The vast majority (82%) of women were examined by a male district surgeon. While gender does not affect the ability of a district surgeon to provide sensitive treatment, this may pose a problem for survivors who may be intimidated by being examined so closely after being raped.4 However, given that in many cases there may not be a trained female health worker available to conduct the examination, the Sexual Offences Guidelines indicate that "another woman should be present when a male rained health worker examines the victim".5 Despite this requirement however, the survey showed that another woman was present in only 46% of the cases when the examiner was a man. The tendency for another woman to be present during the examination varied according to where survivors lived and their age: z Survivors living in the rural areas were more likely (65%) to report that a woman was present during the examination by the district surgeon than were those living in townships (57%) or suburbs (36%). None of the survivors residing in the metropolitan areas indicated that another woman was present during the examination. z Nearly nine tenths (88%) of the women older than 51 years reported that another woman was present during their examination by the district surgeon. This percentage drops substantially in the younger age groups, with 40% of the 18 to 30 age group and 30% of the 31 to 50 age group reporting this. District surgeons are required to complete various documents that may facilitate the police investigation and prosecution of the case. The majority of the women 106 Violence against woman

(88%) recalled the district surgeon filling in a form during the examination. While this large percentage is encouraging, the survey did not examine the quality or accuracy of the information contained in the J88 form that district surgeons must complete. A study in the Southern Johannesburg magistrate's court indicated a lack of clarity and accuracy with which the J88 form is completed by district surgeons.6 Another study conducted in KwaZulu Natal found that there have been repeated cases of district surgeons not filling in the date, time and place of examination. Without the date of the examination, it is difficult to prove that the attack did in fact occur. There might also be no written proof that the examination took place such a long time after the attack, that it rendered specimen collection impossible.7 Without these details and the necessary documentation, the prosecutor will have difficulties later in court when trying to explain why, for example, semen or other specimens were not collected. Another problem is that the J88 form is not accompanied by the detailed personal notes written by the doctor. These notes are important as the J88 will not necessarily jog the memory of the district surgeon when he or she appears in court- sometimes up to a year or more after the attack. Such detailed personal notes are necessary for the district surgeon to provide accurate professional evidence in court. The worst problem according to prosecutors and magistrates interviewed by the Independent Projects Trust is that often no corroborating evidence is documented by the doctor or district surgeon. For example, other injuries such as bruising and tearing which indicate the use of force are not documented.8 A district surgeon interviewed in the Eastern Cape as part of the Masimanyane study acknowledged that the J88 reports are carelessly completed. However, he felt that some prosecutors could be more proactive in their questioning in order to elicit the relevant evidence. He also indicated that some district surgeons are reluctant to appear in court.9 The latter has been confirmed in a number of other studies.10 In addition to the mandatory documentation, various other procedures have been established that are to be followed by the district surgeons. The Sexual Offences Guidelines indicate that after the examination, at least the following procedures should be followed: z Prophylactic treatment against sexually transmitted diseases (PHC) should be given (with the consent of the survivor). The symptomatic management of STDs should be followed. z Post-coital contraception should be provided (with the consent of the survivor).11 In the ISS national survey, over a fifth (23%) of the survivors of rape said the district surgeon had not given them treatment for pregnancy or sexually transmitted diseases. A study of rape cases in the Eastern Cape also cited examples of women who had not been given information about STD's and pregnancy.12 Some interviewers in focus groups stated that in many cases women are given treatment but they are not told what it is for. District surgeons 107

Satisfaction with the district surgeon

When asked about the general satisfaction with the treatment received from the district surgeon, most survivors (75%) felt satisfied with the way they were treated. Almost a quarter (23%) reported that they were unhappy with the service. A small number (4%) were unsure of how they felt. There were slight differences between rural and urban women with regard to how they felt they were treated. Women living in the townships were the most likely (94%) to be satisfied with the treatment they received from the district surgeon. Overall, women in the suburbs (83%) and the rural areas (79%) were also satisfied with their treatment. No arguments can be made regarding the satisfaction of women in the metropolitan areas, given the low number of women in these areas who reported visiting a district surgeon. Reasons given for dissatisfaction with the treatment include the trauma of repeatedly having to retell the story, the disbelieving attitude of the examiner and, for some women, the insensitivity and humiliation of the experience. Focus group discussions with interviewers highlighted a number of these problems. Interviewers mentioned: z the reluctance of the examiner to appear in court; z difficulties in contacting district surgeons after hours and late at night; z lengthy waiting periods for the examination; z racism; z misdiagnosis of rape; z many district surgeons have a private practice in addition to their duties as district surgeons, and as a result survivors are treated differently as they are not private, paying patients. These findings are substantiated by those of an evaluation of the helping agencies in KwaZulu Natal's North Coast area in relation to secondary victimisation. The study highlighted and documented the following problems regarding district surgeons: z insensitive and in some cases abusive treatment of rape survivors; z rarely referring patients to counselling services; z failure to provide post-coital contraception; z incomplete J88 forms.13 108 Violence against woman

The views of some district surgeons

District surgeons interviewed in the Eastern Cape and on the KwaZulu Natal North Coast raised the following issues. District surgeons are required to perform multiple roles, including: z post-mortems z blood tests in respect of drunk driving cases z rape cases z certain assault cases z medical examinations for prisoners z conducting examinations in respect of applicants for disability grants on behalf of the Department of Welfare z Testifying in court when a post-mortem or other medical examination was done.

About court participation: z The judicial sector does not take a proactive approach to the issue of violence against women.

There is a general lack of trauma management training for district surgeons, i.e. how to cope with the stress of dealing with survivors.

Masimanyane 1999 and Independent Projects Trust 1999

Endnotes

1 N Andersson, S Mhatre, N Mqotsi & M Penderis, How to police sexual violence, Crime & Conflict, Autumn, 1999.

2 K Robinson, Secondary Victimisation and District Surgeons, Independent Projects Trust, 1999; S B Dawood, D M Foster, L A Foster & R Manjoo, Violence Against Women: An Exploratory Study of the Impact of the Justice System on Victims/Survivors of Domestic Violence and Rape, Masimanyane Women's Support Centre, East London, 1999.

3 V Francis, A Rape Investigation in the Western Cape: A study of the treatment of rape victims at three police stations in the Cape Flats, Bureau of Justice Assistance, March 2000.

4 K Robinson, op cit.

5 Department of Health Uniform National Health Guidelines for Dealing with Survivors of Rape and Other Sexual Offences. District surgeons 109

6 N Andersson et al, op cit.

7 K Robinson, op cit.

8 Ibid.

9 S B Dawood et al, op cit.

10 R Manjoo, Masimanyane Women's Support Centre, Presentation at the Joint Monitoring Committee on the improvement of the Quality of Life and the Status of Women: Violence Against Women and Access to Justice, 10 November, 1999 (http://www.pmg.org.za/minutes/991110jcwomen.htm Accessed 18/01/00). See also K Robinson, op cit.

11 Department of Health, Uniform National Health Guidelines for Dealing with Survivors of Rape and other Sexual Offences.

12 S B Dawood et al, op cit.

13 K Robinson, op cit.

Sources in text boxes

Human Rights Watch Africa, Violence against women in South Africa: State response to domestic violence and rape, Human Rights Watch Women's Rights Project, Human Rights Watch, New York, 1995. Chapter ten

Police

Key findings z Although most women in the study believed that the worst incident of abuse was a crime, less than half (46%) reported it to the police. z Only 39% of the sexual abuse cases perpetrated by relatives and less than half (45%) of those perpetrated by spouses or partners were reported to the police. By comparison 69% of sexual abuse cases perpetrated by strangers and 70% of those perpetrated by friends or acquaintances were reported. z 57% of survivors who reported to the police were given the name of the officer who took their statement, and 52% were given the name of the officer investigating their case. z Just under half were given a case number. Younger women, those with a tertiary education and those living in the suburbs and metropolitan areas were most likely to have been given a case number. z Less than a quarter of survivors were informed of their right to make a supplementary statement at a later stage. z 32% were told of their right to be informed when the perpetrator was arrested or released pending trial. Even fewer were actually given this information. z Although the police largely neglected procedure and rarely informed women of their rights and legal options, most women (especially in rural areas) felt that the police were willing to help, believed them and understood their problem. Women in the metropolitan areas were the least likely to be satisfied with the service from the police.

The police have a key role to play in providing an effective response to sexual abuse and domestic violence. They have the power to stop or control socially unacceptable behaviour if they are called to the scene of domestic violence, or if this behaviour 112 Violence against woman occurs in public. They should also be able to respond quickly to violent situations.1 However, police may be reluctant to intervene in domestic affairs as they often place more value on privacy and family rights than on the survivor's right to freedom from assault. Further, they may be reluctant to act, and at times show little interest in cases of domestic violence as they doubt that it will lead to a successful prosecution in court.2 In Chapter 11 the role of the court will be discussed in more detail. The prosecution process aside, the reluctance of the police to take decisive action against domestic violence has a negative impact on the type of service and assistance that survivors receive from police. In order for the police to be in a position to assist survivors however, women must take a decision to report the offence. This decision is influenced by many factors. Two of the most important factors are perceptions of how the police and justice system treat survivors, and whether domestic violence is regarded as a matter that should be resolved by the criminal justice system.

Reporting tendencies

Although almost all (92%) the women in the study believed that the most serious incident of abuse committed against them was a crime, less than half (46%) reported the incident to the police. Compared to other estimates about the rate of reporting for sexual assault and domestic violence, this percentage is quite high. The survey sample was skewed in favour of survivors who had attended counselling (see Chapter 2 on methodology). This no doubt influenced the reporting figure. It is possible that those women who seek counselling are more likely to report abuse to the police (either because they are referred by the counsellors or because they are more inclined to seek help from service providers in general). Over half of the women who experienced sexual (55%) and physical (51%) abuse went to the police for help. This compares to 31% of those who experienced emotional abuse and 23% of those who were economically abused. The tendency for survivors of emotional and economic abuse not to approach the police for help is due to the fact that they were less likely to consider incidents of this nature as abuse or as something that the police could assist with. Reporting tendencies also varied according to urban and rural areas (Figure 16). Survivors living in suburbs were more likely than others to report the abuse to the police. Three fifths (61%) of the women living in suburbs, compared to less than half of those living in the rural (47%) and township (46%) areas sought help from the police. Women living in the metropolitan areas were least likely (37%) to have sought help from the police. Police 113

Figure 16: Sought help from police

70 61 60 47 46 50 37 40 30 20 % of respondents 10 0 Suburb Rural Township Metropolitan Type of area

The results suggest that the SAPS still has some way to go in terms of redressing accessibility to police stations in historically black areas. Only 14% of all permanent police stations are situated in historically black areas in comparison to 86% situated in white areas. Satellite stations and contact points are the main service providers in black areas, making up 66% and 51% of service points respectively in these areas. Satellite stations and contact points tend to offer only very basic, reactive police services.3 Access to the police is therefore a crucial determinant in reporting. A study in the Eastern Cape found that women often do not report cases to the police as they have to travel long distances to do so.4 Distance is not the only obstacle to women seeking help. A lack of transport facilities also presents difficulties. Furthermore, the cost of transport presents obstacles for women who are not working and have to account for the expenditure of family income.5 While the lack of nearby police stations may be a barrier to women living in townships and rural areas reporting the incident, it does not adequately explain why women in the metropolitan areas were least likely to report. It is possible that although police are more accessible in the metropolitan areas, they are overburdened and deal with many more cases than do police in rural areas and smaller towns. As a result, police in the metropolitan areas are probably unable to provide an adequate service to survivors of violence. The survey also showed that the tendency to report varied according to whether the abuse was committed by someone known to the survivor or not. Women were less likely be report the abuse to the police when the perpetrator was a relative, spouse or partner. 114 Violence against woman

Less than two fifths (39%) of the "From December 1993 to March sexual abuse cases perpetrated by 1996, only 33 cases of marital rape relatives and less than half (45%) of those were instituted under the Prevention perpetrated by spouses or partners were of Family Violence Act 1993, and of reported to the police. However 69% of those only eight persons were the incidents of sexual abuse perpetrated convicted. Only four of those by strangers and 70% of those convicted received a sentence of perpetrated by friends or acquaintances direct imprisonment." POWA The were reported. When the perpetrator of extent of the scourge, 1999 the sexual abuse was an employer, a teacher or some other authority figure, the abuse was only reported in 17% of the cases. These findings have been confirmed in an international study that found that sexual assaults committed by strangers are more likely to be reported than those committed by relatives or friends.6 The importance of the relationship between the survivor and the perpetrator as a factor in reporting rape cases has also been found in research amongst rural women in South Africa.7

Reasons for not reporting to the police

Victim surveys and other studies, conducted across the world, have documented a wide range of reasons why victims of crime do not report the offences to the police. For victims of all types of crime, not reporting is a result of: perceptions that the crime is not serious enough, a general lack of confidence in the police, high risks of secondary victimisation once the incident has been reported and the risk of reprisals by the perpetrator.8 In the case of violence against women, survivors are often hesitant to report, either because they fear reprisals or because they are ashamed to have been attacked by their husbands (or other family members). They often doubt whether reporting the incident will make any difference, or fear having to relive their traumatic experience when recounting the events to strangers. They may also have a sense of family loyalty or be prisoners of the socio-cultural constraints which dictate they remain silent.9 According to the International Crime Survey, survivors' perceptions of the police were at their worst after the crime had been reported. Women who had been raped were frequently dissatisfied with the way the police dealt with their report. Among the reasons for dissatisfaction, they mentioned that the police did not do enough (45%), they were not interested (35%), and they did not find the offender (33%). Furthermore, many survivors of sexual incidents indicated that the police were impolite (45%).10 These results indicate that the survivors' complaints about police Police 115 service are not unique to South Africa or to the SAPS but are fairly standard across the world. South African surveys and other research have found similar results in terms of why women do not report to the police.11 In focus group discussions conducted in the Free State by the Women's Development Foundation, participants felt that the criminal justice system is inaccessible to women. When women sought help, most were not given the assistance they needed. As a result women were reluctant to report gender crimes. Equally important, these crimes tend to be regarded as private matters. Participants said that in some cultures the abuse of women is condoned. Rape in particular was not reported a result of a number of factors: the fear of not being believed, the risk of being blamed for the attack, the social stigma attached to rape, and the lengthy and often unsuccessful conviction process.12 Other local research has shown that family members often discourage women from taking the issue further as they feel the reputation of the family is in danger, or fear retaliation from the abuser. They also have little faith in the police and the courts and fear humiliation by community members.13

"The South African Police Service has the power to send the message to the community that domestic violence is not acceptable. So it is disheartening when police officers simply show loyalty to the patriarchal family system (by siding with the male offender)" Magistrate in charge of the domestic violence division, Mitchell's Plain (Cape Town), addressing a conference on domestic violence

How incidents were reported

Incidents of abuse can be reported either at the police station, by phone, at the scene of the crime, or at home. In the ISS national survey more than three quarters (76%) of the respondents reported the most serious incident of abuse at the police station. Less than a fifth (17%) reported the matter over the phone. A small percentage reported the incident at the crime scene (1%) or at their home (2%). African women were much more likely (80%) than other women to report the incident at the police station. By comparison, 62% of coloured, 61% of white and 57% of Indian women reported at the police station. Indian (43%), coloured (29%) and white (26%) women were more likely to have reported the incident via telephone than African women (14%) were. This may be a result of the differentiated levels of telecommunications access between the African population and other groups. Having access to a telephone does not however mean that survivors will receive more efficient service from the police than those who report at the station. Research among rural women living in the Southern Cape showed that over 80% of the 116 Violence against woman women who phoned the police asking for assistance said the police only arrived hours later or the next day. Earlier research on police management of domestic violence cases found that the police tend to "re-prioritise" domestic violence calls because of the lack of vehicles and personnel available to attend to such situations. The police maintain that attending to domestic violence scenes is generally not "worth the effort" or the resources because: z domestic violence is "not so violent" as to warrant dispatching a vehicle; z by the time they arrive, "Everyone has made up"; z "women drop charges anyway". In the Southern Cape study, among the women who reported their cases at the station, 70% said that they were required to wait for lengthy periods at the charge office before they could obtain assistance.14 With the passing of the new Domestic Violence Act of 1998, these problems should be reduced. The Act was passed in November 1998 although the target date for implementation was almost a year later in December 1999. The Act represents a vast improvement on the Prevention of Family Violence Act of 1993. The Domestic Violence Act aims to protect survivors and ensure that state agencies like the police and courts enforce its provisions. For example, unlike the previous Act, the Domestic Violence Act obliges the police to tell women about their rights, help the survivor find a place of safety, obtain medical treatment and accompany the survivor to collect her belongings. The new Act also allows complainants to charge police officers with misconduct should they fail to comply with their duties in terms of the Act.15 The Consortium on Violence Against Women has been monitoring the implementation of the Act since April 2000. Preliminary findings indicate that the capacity of the police and courts to implement the legislation is limited. They highlight the difficulties that arise when legislation that increases duties of court and police personnel is enacted without providing supportive and additional services to ensure smooth and effective implementation.16 These problems are illustrated by the comments of one police officer (see box below):

"The respondent is not always there and we have to go back several times. Sometimes we do not have the capacity to go out and serve the order immediately and it is delayed. Sometimes the delay can be for a day or two. In some areas, places are difficult to locate because the addresses are not clearly marked. That also leads to a delay. There are times it is delayed until the respondent comes back to the station and can then accompany the police to show the residence of the respondent." SAPS member quoted in Parenzee, 2001. Police 117

Who the statement was recorded by

Overall, nearly three quarters (72%) of the women reporting abuse to the police made their statement to a male officer. Nearly all (68%) of these women would have preferred a female officer. Various SAPS policies stipulate that whenever possible, policewomen should deal with rape complaints. However, there are far fewer policewomen than reported rape cases. Relatively few female officers work in the charge office or flying squads and these are often the first points of contact the complainant has with the police. It is therefore seldom possible for a rape complainant to deal with a policewoman. The trend did however improve somewhat in the case of sexual abuse. The study showed that 61% of survivors of sexual abuse were assisted by a male police officer compared to 86% of survivors of physical abuse. Nearly two fifths (39%) of women who reported sexual abuse were assisted by a female officer, compared to 14% of those who experienced physical abuse.

Privacy when reporting

Just over half of the women who reported the abuse to the police were assisted in a private room. Survivors of sexual abuse were more likely (65%) to have been assisted in a private room than were survivors of physical abuse (38%). This is encouraging since the Sexual Offences Guidelines specifically state that the survivor is to be taken to a quiet room or area away from the main duty desk.17 One of the main limitations to assisting survivors in a private room is the lack of space or additional rooms in many police stations. In an evaluation of the helping agencies on the North Coast of KwaZulu Natal, it was noted that the importance of interviewing survivors of rape and sexual abuse in a private place was often neglected. In some stations, due to a lack of space, the statement was taken in the same room while the perpetrator was present.18 Similarly, a study conducted in the Eastern Cape concluded that the police were not totally insensitive to this problem. In one of the focus groups, police officers highlighted the lack of private rooms resulting in police officers being unable to take statements in private.19 The national survey results revealed that young women, between 18 and 30 years of age, were more likely (63%) to have been assisted in a private room than were women aged 31 to 50 years (36%) and those older than 51 years (49%). In focus group discussions with interviewers, participants suggested that this was because the police officers had "ulterior motives" and were "sexually interested" in the younger women. There is a desire to dismiss these explanations as unduly cynical but these concerns have been raised in other studies. In focus group discussions conducted in 118 Violence against woman the Free State by the Women's Development Foundation it emerged that women were sometimes harassed by the police when they tried to report incidents of abuse.20

Photographing of injuries

Photographs of any injuries may be required in the prosecution of abuse cases. In only a fifth (20%) of the cases where women had visible injuries, were photographs taken. Although each police station is attached to a forensic unit, the lack of readily available equipment is the most likely reason for this. For example, the forensic unit of the Volksrust police station is in Newcastle, which is 53km away and can only be accessed via a winding road that is in a relatively poor condition.

Details about the investigating officer

The Sexual Offences Guidelines indicate that the police are to provide survivors with the necessary contact details of the investigating officer that is assigned to her case. For the purposes of tracking the case docket, it is also useful to have the name of the officer who takes the statement. The survey results suggest that this rarely occurs: z Of all those women who reported cases of abuse, 57% were given the name of the officer who took their statement, and just over half (52%) were given the name of the officer investigating their case. z Only 56% of the women who were sexually abused were given the name of the officer who investigated their case. For survivors of sexual abuse however, identifying the relevant police officers is difficult for other reasons. The women in a study on the treatment of rape survivors at three police stations in the Cape Flats reported that they had to repeat their story to a number of officers before a statement was taken.21 This was also the experience of rural women in the Southern Cape who said that they were required to repeatedly and in detail relay the incident to several different police officers. Firstly to the charge officer, then to a female officer, and then to the investigating officer. Furthermore the women in the Cape Flats study pointed out that as investigating officers rotate there was not one individual responsible for their case.22 Police 119

"A survey conducted by the ISS on service delivery at 45 police stations countrywide found similar results among a range of crime victims. In the exit poll component of the survey conducted outside police stations, only 34% of complainants said the police officer taking the statement had identified him or herself. However, 78% said they could identify the police officer from his or her name tag. While officers should ideally provide complainants with these details, it is nevertheless encouraging that most victims can make the identification themselves. As far as the contact details of the investigating officer were concerned, 58% of complainants said they were told who to contact about their case." E Pelser and A Louw, 2001.

Provision of a case number

A case number is needed to track the progress of any crime or offence reported to the police, through the criminal justice system. Without a case number it will be very difficult for survivors to trace their docket, contact the detective on their case, and thus get any information about the outcome of the case. Only half (51%) of the women in this study were given a case number when they reported the most serious incident of abuse to the police. The low number of women who were given a case number may be linked to the findings of the Women's Development Foundation research. The study indicated that survivors' lack of knowledge about the procedures at the police station, and their lack of understanding about the processing of case dockets within the police force, limits their ability to effectively access and deal with the system.23 Therefore, if their case number is not given to them, they may not request it from the officer taking their statement. Notwithstanding this, however, it should be standard police procedure that women are given case numbers. Given the findings mentioned above about the role that knowledge plays in the reporting process, it is not surprising that in the ISS national survey, women with a tertiary level of education were more likely (71%) to be given a case number than those with an upper secondary (51%), lower secondary (55%) and primary (30%) level of education. Both age and location are also factors that influence the likelihood that survivors will be given a case number by the police. Women between the ages of 31 to 50 (58%) and younger women, between the ages of 18 and 30 were more likely (53%) to have been given a case number than the women older than 51 years (29%). Only two fifths (41%) of the survivors living in townships were given a case number, and only marginally more of those who lived in the rural areas (43%) obtained a case number. Women living in the metropolitan areas (68%) and the 120 Violence against woman suburbs (71%) were much more likely to have been given a case number. It is possible that older women, particularly those living in the rural areas and townships, are less likely to be given a case number because they are less assertive than their younger and urban counterparts.

"Significantly more complainants in the ISS survey of police service delivery among general crime victims were given a case number than were the survivors in the national violence against women survey. In the former survey, 70% of complainants in the exit poll said they were given a case number by the police.

One reason why case numbers may not be supplied to complainants is that these numbers are generated by the SAPS' computer system—the Case Administration System. During 'down time' when the system is not operational, police in the charge office cannot provide a case number and complainants will usually have to return to the station the following day or phone the station, to get their case number. In cases such as these, having the name of the officer who took the statement is important." E Pelser and A Louw, 2001.

Rights and legal options

Rights

Victims reporting abuse (or any crime) have various rights that are intended not only to elicit the most accurate information, but also reduce the trauma of reporting. Included in these rights is the right for the victim to report the offence in his or her home language, the right to a medical examination prior to giving a statement, and the right to provide a supplementary statement at a later stage. z Less than half (48%) of the survivors were informed of their right to have their statement taken in their home language. This is not a new phenomenon: 74% of the rural women in the Southern Cape study who had experienced domestic violence and rape, said the police would not take their statements in their home language or no effort was made to find an officer who could assist the women with their statements. Some of the women stated that they were treated as "stupid" because they could not explain their stories "properly" in English or Afrikaans.24 z Less than two fifths (37%) were informed of their right to have their medical examination done before giving their statement. z Only 32% of survivors were informed of their right to have someone accompany them while their statement was being taken. Less than a tenth (8%) of the women living in the metropolitan areas were informed of this right, in Police 121

comparison to two fifths (40%) of women in the suburbs, 38% in rural areas and 26% in townships. z Less than a quarter (24%) of the women were informed of their right to make a supplementary statement at a later stage. In the ISS survey of police service delivery among general crime victims by comparison, 48% of victims said they were informed of this right.25 Given that this is a crucial piece of information for someone who might be in shock at the time of reporting the incident and that the consequences may be serious, this figure is alarmingly low. It may result in the woman losing her case in court as it allows the defence attorney to discredit her testimony on the basis that it does not match her original statement. Once again, these findings reflect those of previous studies. None of the rural women interviewed in the Southern Cape survey were informed that they could make supplementary statements.26

Provision of follow-up by the police

Overall, for all types of abuse, under a third (32%) of survivors were told of their right to be informed as to whether the perpetrator had been arrested or released pending trial. In terms of actually acting on this right, police performance is even poorer despite the Sexual Offences Guidelines of the SAPS (see box). In focus group discussions held with interviewers in five provinces, all the participants agreed that the police did not even inform survivors when the perpetrator was arrested or released.

The Sexual Offences Guidelines specifically state:

"Always keep the victim informed of the progress of the case (e.g. bail proceedings, court hearings). Even if you do not have any positive progress to report, the victim will feel reassured that their case has not been 'forgotten' if regular reports are made to them." South African Police Service (SAPS) Support To Victims of Sexual Offences

In a study of the treatment of rape survivors at three police stations in the Cape Flats, it was found that none of the women were given information regarding the court appearances and bail status of the perpetrator.27 This is supported by the findings of the study of rural women in the Southern Cape. Interviews revealed that the police did not update women on the progress of investigations. They did not inform the women about the arrest, detention and bail hearing of the accused. Furthermore, they did not include women in investigations and used arbitrary and discretionary criteria in determining whether the case was worthwhile pursuing.28 It is possible that police officers in rural areas had difficulty contacting the women, and 122 Violence against woman were reluctant to go into those communities to find the women in order to continue investigations, particularly in rape cases.29 One of the critical shortcomings discussed by social workers, the courts and the NGO's in their professional contact with the police in the Eastern Cape, was that the police did not inform the survivor of her rights. The social workers suggested that this was because the police are unaware of the legal rights of victims and survivors and therefore cannot effectively inform them of their rights or how to access legal recourse.30 In a study of rape cases that passed through the Mdantsane and East London courts in 1997 it was found that the police expected the social workers to tell survivors their rights and the social workers expected the police to do so.31

Informed about the interdict and Peace Order

In the national survey, survivors of domestic violence were asked whether the police informed them of the interdict (the legal document which prevents the abuser from having contact with the survivor). Overall, less than half (44%) said they did. This may be the result of an unwillingness on the part of some police officers, together with negligence and a lack of training. According to various sources, the police were uninformed of the Prevention of Family Violence Act and the interdict and were not given training about these laws and procedures. African women were less likely to be informed of the interdict than the other race groups. Only 31% of the African respondents were told about the interdict in cases of domestic violence, compared to 57% of white women, 67% of Indian women and 86% of coloured women. Interviewers in the focus group discussions suggested that the reason for this might be that "Black policemen don't take you seriously especially if you are a black woman", and "Black women are not well educated and they are not well informed so the police don't bother."

"The problem is that African policemen do not believe in the interdict as they think it is a man's right to control women and do as he pleases with them. As a result, the SAPS are taking extreme measures—such as making threats that police officers' jobs will be in jeopardy if they do not follow the new Domestic Violence Act." SAPS member, presentation of the ISS national survey findings in the Northern Cape

"For many police, implementing the interdict is a contradiction between their culture and how they were brought up, and the responsibilities of the job. So they treat violence lightly. In some cases, in small communities they have to serve interdicts on their friends so they tend to counsel the family rather than the abused in many cases." SAPS officer involved in human rights training, Free State presentation of the ISS national survey findings Police 123

Other research in the Eastern Cape, Mpumalanga and Limpopo has found that of those women who went to the police to get an interdict or open a case, 32% were advised by the police not to follow this course of action.32 Given this scenario, one would have expected the Peace Order to be a popular alternative for police officers who are reluctant to inform women of the interdict. The Peace Order merely constitutes a warning to keep the peace and has no provision for automatic arrest or prosecution if breached. However, just over a quarter (26%) of the women in the national survey who went to the police in the case of physical abuse were informed about the Peace Order.

Informed about a civil case and criminal charges

An even smaller percentage (20%) of all survivors in the ISS national survey was informed about pursuing a civil case. However, over half (56%) were informed about laying charges of assault in the case of domestic violence. In the study of rural women in the Southern Cape it emerged that 43% of the women were told that they could not lay a charge because of the lack of evidence. The police were reluctant to accept an assault charge unless the injuries were of a very serious physical nature. In that particular study a fifth (20%) of the survivors reported that the police discouraged them from laying criminal charges unless they obtained an interdict.33 In sexual assault cases in the ISS national survey, most survivors (69%) were told of the option of laying criminal charges. Women between the ages of 31 and 50 were the least likely (56%) to be informed about this option in comparison to 70% of the younger women (18 to 30 years) and 90% of the older women (51+ years). In terms of pursuing a civil case, the situation deteriorates tremendously. Overall, less than a quarter of survivors of sexual assault (23%) were presented with the option of pursuing a civil case.

Assistance with the district surgeon

According to the Sexual Offences Guidelines it is important for the investigating officer to escort the survivor to the accredited "The new Domestic Violence Act obliges the 34 health care practitioner. Over half the police to assist survivors in obtaining survivors of sexual abuse (57%) were medical treatment. However early results of taken to the district surgeon by the an assessment of the Act's implementation police. This probably relates to some found that 'interviewees stressed the fact extent to the limited capacity and that the implementation of this legislation is resources of the police to assist impossible when they have few or no 35 survivors with this procedure. resources'." Parenzee, 2001 124 Violence against woman

Other research confirms this. A study on the treatment of rape survivors at three police stations in the Cape Flats found that the investigating officers were ensuring that the women were taken to a doctor. However they were often not available at the police station when the woman reported the rape and as they are responsible for taking the survivor for a medical examination, the woman had to wait until their arrival. On average, women had to wait two to four hours at the police station for the investigating officer. Furthermore there was frequently a lack of transportation to take survivors to a medical examination and most women waited between three and four hours before being taken to the district surgeon. Some investigating officers treated the survivors well but other survivors reported poor treatment, such as being encouraged to reconsider their decision to lay a charge.36 The survey of domestic violence among rural women in the Southern Cape also found that although the police are required to transport women to obtain medical care, they seldom did so because of vehicle shortages. It was also reported that the police used their discretion as to the severity of the injuries and as a result some women were not referred to the district surgeon nor encouraged to seek medical attention at a clinic at all.37 Constraints such as vehicle shortages are not unique to the Southern Cape. Similar conclusions were drawn in a focus group with approximately ten organisations representing the NGO/CBO sector of the Eastern Cape that are concerned with women's issues, and in the study on service provision conducted on KwaZulu Natal's North Coast.38

Police attitudes

Overall, it is encouraging that most of the women in the ISS national survey who went to the police (82%) felt that the officers they reported the abuse to believed them. This figure varies by the type of settlement in which the survivors were located. When asked if they felt that the police believed them, 64% of the women in the townships said they did, compared to 78% in the suburbs, 81% in the metropolitan areas and 91% in the rural areas. However, in the study of domestic violence among rural women in the Southern Cape, a different picture emerged. Two thirds (67%) of the survivors indicated that they had experienced difficulties in convincing the police that they were in danger or in need of protection, or were not treated seriously by the police. Furthermore, 39% were accused of lying or were treated with disbelief, and 26% were accused of provoking the violence.39 This substantial difference can probably be attributed to the nature of the questions that were asked in the two surveys (see box). Police 125

Approaching perception data with caution

In the ISS national survey, women were asked a few general questions about what they thought of police service. In the survey of domestic violence among rural women in the Southern Cape, more specific, qualitative questions were asked using in-depth interviewing techniques. These techniques revealed the complexity of the issue rather than obtaining a simple 'yes' or 'no' answer. The results of the Southern Cape survey were significantly less positive than those of the national survey.

Overall, most survivors (62%) in the national survey said they felt comfortable with the police. Only 43% of the women in the metropolitan areas said this was the case, compared to 55% in the suburbs and townships. Women in rural areas were the most likely (72%) to feel comfortable with the police. Levels of comfort with the police will indicate the willingness of women to talk to the police about these issues, whether they will return on future occasions, and whether they will encourage other survivors to go to the police. Most survivors (78%) felt that the police were willing to help them. Women in rural areas were more likely (87%) to feel this way, compared to 74% of women in the townships, 72% in the suburbs and 61% in the metropolitan areas. White women were less likely (53%) to feel that the police were willing to help compared to 80% of African and Indian women, and 86% of coloured women. Three quarters (76%) of the women felt that the police understood their problem. Women in rural areas were more likely (88%) to feel understood than those in townships (73%), metropolitan areas (61%) and suburbs (59%). Only half (50%) of the white women felt that the police understood their problem, in comparison to 79% of the Africans, 78% of the coloureds and 80% of the Indian women. The results suggest that women in the rural areas were more likely to feel believed and understood by the police, to feel comfortable with the police and to feel that they were willing to help. However according to participants in the focus group discussions, women in rural areas were more positive about the police because they generally did not know their rights with regard to reporting abuse (see text box on next page).

Satisfaction with police service

Overall nearly two thirds (65%) of the women were satisfied with the way they had been treated by the police. Reasons given for dissatisfaction with the service included: z a negative, unhelpful attitude; 126 Violence against woman

z insensitive treatment, blaming or not believing the women; z inefficient handling of the case or the case was never followed up; z refusing to get involved; z the abuser was not arrested. Less than half (46%) the survivors living in the metropolitan areas were satisfied compared to just over half (54%) in the suburbs, and 58% in the townships. However, many more (78%) of the women in rural areas were satisfied with the way they were treated by the police. The views expressed in focus groups in the box below probably also apply to the data on the general satisfaction with police service. Having said this, a study of family violence in rural Transkei found that while there was much criticism of the police with respect to their handling of spouse abuse, the police did seem to have an awareness of the abused person's circumstances and what happened to them after their initial approaches for help.40 Another study has also shown that despite the lack of adherence to police protocol, the majority of women indicated they were satisfied with the way they have been treated by the police. In a survey conducted in Southern Johannesburg it was found that 61% of the 272 survivors of sexual assault who reported the abuse to the police were satisfied with the way the case was handled. Of the two fifths (39%) who were dissatisfied, 14% indicated that it was because the case docket had been lost by the police.41 "Rural women do not know their rights and are just happy to be listened to and have their statement taken. However, they are less likely to report abuse due to the cost and distances involved and do not feel the need to go to court as they feel that nothing can happen to help them." KwaZulu Natal focus group

"These [rural] women don't know their rights. As long as they get some form of help they are happy—so long as someone pays attention to their problem and listens to them. A woman from a rural area would not complain if she had to wait two hours for the officer in the charge office to attend to her." Mpumalanga focus group

"There is also overcrowding. The police in the townships have a lot to do so they have to speed the women up when they are taking their statement. In other areas they have the time to listen to you. Women don't feel believed when they are told to return again later [to see the investigating officer]." Northern Cape focus group

"Rural women respect people in positions of authority and if you can get that person to listen to you—it is an honour. Even if he just asks questions and shows an interest she is satisfied—she is happy." Free State focus group Police 127

Outcome of reporting to the police

One of the critical shortcomings mentioned by social workers in their professional contact with the police in the Eastern Cape was the manner and attitude of the police toward complainants at the police station. This was a key factor in discouraging women to open cases.42

"In a study conducted in Southern Johannesburg, of the 394 women who had been sexually assaulted, 272 (69%) reported the assault to the police. However, when the SAPS data was examined, only 17 (6%) had been taken on as official police cases. Of the 17 cases, the police had referred only five (2%) to the court and only one resulted in a conviction." N Andersson et al, Crime & Conflict, Autumn 1999

This is confirmed by the ISS national survey findings that many rape incidents reported to the police did not progress beyond registration in the charge office. It seems that cases are filtered out at the point of registration when the officer taking the woman's statement judges that the case stands little chance of making it through the legal system (see box). This is supported by a study of the treatment of rape survivors at three police stations in the Cape Flats which found that women reporting rapes by ex-boyfriends or ex-husbands were sometimes discouraged from making a report.43

Table 25: Outcome of cases that were reported to the police

Outcome % Abuser arrested 25 Case opened/charges laid 18 Case withdrawn by respondent 13 Case went to trial 9 Police refused to get involved 8 Abuser fined 7 Abuser was never arrested 6 State declined to prosecute 4 Nothing happened 3 Police still looking for the abuser 3 Charges on file were lost 1 Case has still not gone to trial 1 Abuser was given a warning 1 128 Violence against woman

The ISS national survey revealed varied outcomes of those cases that were reported were varied (Table 25). Overall, 13% of the cases were withdrawn by the respondent. However when examining the relationship of the survivor to the abuser, 23% of the cases in which the abuser was a spouse or partner, were withdrawn. The withdrawal of domestic violence cases by women is one of the major contributors to the police perception that it is a 'waste of time and effort' to record such cases. Nevertheless this is a perception that must be changed in the police service. Recording the case is a recognition that abuse is a crime, and it also ensures the collection of accurate data and statistics about the problem. The Prevention of Family Violence Act, which until recently provided the legislative framework for the manner in which domestic violence reports were handled, placed no duty on police to respond to a domestic incident. The woman had to be in possession of the warrant of arrest and an affidavit stating that the abuser had violated the rules of the interdict, and deliver this to the police. Even once the police officer had received the affidavit, they were still left with the discretion as to whether they would execute the warrant, since the Act stated that they may execute the warrant of arrest.44 These wide discretionary powers which allow the police to determine whether an incident is criminal or illegal are based on their interpretation of the law and their traditional responses to domestic violence. In exercising this discretion the police have become gatekeepers to the criminal justice system, where follow-up investigations on domestic violence cases are rare and prosecutions even less common.45 The new Domestic Violence Act still gives the police officer attending to the complaint discretion regarding the arrest of an abuser:

"A member may arrest a respondent who has contravened any prohibition, condition, obligation or order contained in a protection order."

However a number of safeguards have been introduced to ensure that this discretion is not misused:

"If the member is of the opinion that there are insufficient grounds to arrest the respondent, he/she must immediately hand a written notice to the respondent (Form 11), and must hand the certificate, provided for in the notice, to the respondent. The member must forward a duplicate original of this notice to the clerk of the court."

Nevertheless it should be remembered that research has indicated that repeated assaults are twice as likely to occur in the following six months if the police fail to Police 129 arrest. One of the suggested solutions is that police need to be placed under obligation to charge any person who disobeys an interdict. This presents problems as although the woman may have obtained an interdict, she may not necessarily want her partner or spouse to be arrested for the following reasons: z she may have come to believe that the violence was her fault and she should have done something to prevent the abuse; z she may be reluctant to have her children witness the arrest; z many women fear that the perpetrator will become more abusive as a result of the arrest.46 This last concern is not unfounded. Focus group discussions with interviewers in the national study revealed the following views:

"Some (abusers) are remorseful as they want you to withdraw the case—they help you in the house, take you out and after it has been withdrawn it starts again. It may stop for a while but in most cases it gets worse." Focus group

"[An arrest] can often result in an increase in violence and in some cases the murder of the abused. Due to the lack of enforcement of an interdict the abuser is in many cases undeterred." Focus group

"Some will stop the abuse if he thinks that nobody will know. Some stop but then they emotionally abuse her by reminding her that she reported him to the police and that she must have slept with the police for them to have taken action against him. But others become more aggressive." Focus group

"If the abuser is a bully then the woman can often be worse off [after an arrest]." Focus group

However, other research conducted in the Eastern Cape, Mpumalanga and Limpopo has found that in most cases the act of reporting the abuse to the police led to a cessation (51%) or reduction (30%) in abuse. That study also noted that nearly a quarter (24%) of the women did not want the abuser to be arrested but they simply wanted the police to frighten him into stopping the abuse.47 Recognising that domestic violence was unacceptable, the police gave a number of reasons for their non-intervention in the Southern Cape study. These included: z women withdrawing the charges; z lack of resources; z lack of transport; z difficulties in securing convictions; z survivors refusing to co-operate and assist with investigations; z the increasing number of false complaints and the abuse of the interdict; 130 Violence against woman

z legislated limitations related to entering the respondents home, arrest procedures and rules of evidence.48 The role of the police in domestic violence cases in rural and small urban communities is complicated by the fact that the police have direct links with the community. These ties appear to override their concern with enforcing the law in relation to violence against women. In the Southern Cape study the police were particularly reluctant to intervene, especially when they knew both parties personally. The problem is exacerbated through poor mediation approaches or by accusations of provocation towards the survivor. However, these traditional assumptions about the family are upheld and perpetuated by the police, whether they are linked to communities or not.49 The new Domestic Violence Act however, does empower the police to arrest the perpetrator. It will test whether the police will enact the legislation effectively to protect women or will continue to protect the perpetrators and reinforce the notion that violence against women is acceptable.

Six days after Lerato was interviewed for the ISS national survey she was murdered by her abusive partner, a detective sergeant in the police.

When the interview was conducted on 30 August 1999 Lerato* was 29 years old. She lived in a township in Volksrust, Mpumulanga. Lerato was cohabiting with a 31 year old man who is a detective sergeant in the South African Police Service. When she was 28 he took her into the bush, handcuffed her and beat her with a chain until she was unconscious. When she woke up in hospital her left rib was broken and she was urinating blood. Lerato felt this incident was the most serious because her partner was cruel and brutal and tortured her.

Six days after the interview, Lerato was brutally murdered by her partner. He handcuffed her, beat her with a chain and cut her hair. She had a 10 cm wide stab wound under her chin and her whole body was green (from the bruising). She was found next to the bedroom door in her home. The evidence found at the scene included blood on the police car seat and window, hair in the car, handcuffs covered in blood under the bed at her partner's house and clothes soaked with blood. The perpetrator was arrested and released on bail of R10 000. His girlfriend, who is the court interpreter, paid his bail money.

Interview number 1183 * not her real name Police 131

As a result of repeated rapes by the same man since the age of 15, Anna is HIV positive and will not be able to have children. Her experience with medical personnel and the police compounded the trauma she has suffered.

Anna* is a young woman of 18 who lives in a township called Linge in Queenstown in the Eastern Cape. Anna was raped by a 30 year old man who also forced her to touch his private parts. This has been happening to her since she was 15 years old. The incident of rape that stood out for Anna was when the man used a tin of jam to penetrate her vagina. As a result Anna will never be able to have children and she is HIV positive.

The emotional consequences have been feelings of self-loathing despite having been to a counsellor and a minister of religion, both of whom she found very helpful. Her experiences with medical personnel and the police were however less positive. According to Anna the nurses were abusive and shouted at her, calling her 'a rubbish'. The police were unhelpful and did not believe her. They did not inform her of the right to have her statement taken in her home language, the right to have a medical examination before her statement was taken, the right to make supplementary statements at a later stage, or the right to be informed as to whether the perpetrator has been arrested or charged. She was informed of the right to be accompanied while her statement was being taken. The worst thing about her experience with the police was being questioned in front of others.

Interview number 1459 * not her real name

Endnotes

1 S Smaoun, Violence Against Women in urban Areas: An Analysis of the Problem from a Gender Perspective, UMP Working Paper Series 17, Urban Management Programme, United Nations, Nairobi, 2000. 2 B Clark, Cold Comfort? A Commentary on the Prevention of Family Violence Act, South African Journal on Human Rights; S Smaoun, op cit. 3 L M Artz, Violence Against Women in Rural Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework, Institute of Criminology, University of Cape Town, 1999. 4 S B Dawood, D M Foster, L A Foster & R Manjoo, Violence Against Women: An Exploratory Study of the Impact of the Justice System on Victims/ Survivors of Domestic Violence and Rape, Masimanyane Women's Support Centre, East London, 1999. 132 Violence against woman

5 L M Artz, op cit. 6 A Alvazzi del Frate, When the Victim is a Woman, Crime and Conflict, 9, Winter 1997. 7 L M Artz, op cit. 8 A Alvazzi del Frate, op cit. 9 S Smaoun, op cit. 10 A Alvazzi del Frate, op cit. 11 See for example A Louw, Crime in Pretoria: Results of a city victim survey, Institute for Security Studies and Idasa, Pretoria, 1998. 12 M A Letsebe, Towards a gender-sensitive National Crime Prevention Strategy: Perceptions of communities in the Free State, Women's Development Foundation, Johannesburg, August 1998. 13 L M Artz, op cit. 14 L M Artz, op cit. 15 See S Rasool, The new Domestic Violence Act: Responding to survivors' needs, Nedbank ISS Crime Index 3(5), 1999. 16 P Parenzee, While women wait…(2) Monitoring the Domestic Violence Act, Nedbank ISS Crime Index 5(3), 2001. 17 South African Police Service, Support To Victims of Sexual Offences, Pretoria. 18 K Robinson, Secondary Victimisation and District Surgeons, Independent Projects Trust, Durban, 1999. 19 S B Dawood et al, op cit. 20 M A Letsebe, op cit. 21 V Francis, A Rape Investigation in the Western Cape: A study of the treatment of rape victims at three police stations in the Cape Flats, Bureau of Justice Assistance, Cape Town, March 2000. 22 L M Artz, op cit. 23 M A Letsebe, op cit. 24 L M Artz, op cit. 25 E Pelser, J Schnetler and A Louw, Not everybody's business: Community policing in the SAPS' priority areas, ISS Monograph No 71, Pretoria, March 2002. 26 L M Artz, op cit. 27 V Francis, op cit. 28 L M Artz, op cit. 29 L Artz, Access to justice for rural women: special focus on violence against women, Presentation at the Joint Monitoring Committee on the improvement of the Quality of Life and the Status of Women: Violence Against Women and Access to Justice, 15 November, 1999 http://www.pmg.org.za/minutes/991115jcwomen.htm> Accessed 18/01/00. 30 S B Dawood et al, op cit. 31 R Manjoo, Masimanyane Women's Support Centre, Presentation at the Joint Monitoring Committee on the improvement of the Quality of Life and the Status of Women: Violence Against Women and Access to Justice, 10 November, 1999 Accessed 18/01/00. 32 R Jewkes et al, op cit. 33 L M Artz, op cit. 34 South African Police Service, Support To Victims of Sexual Offences, Pretoria. Police 133

35 P Parenzee, op cit. 36 V Francis, op cit. 37 L M Artz, op cit. 38 S B Dawood et al, op cit; K Robinson, op cit. 39 L M Artz, op cit. 40 H Ferguson-Brown, Women and Domestic Violence in the Transkei, Paper presented at the Congress of IFSW and IASSW, Hong Kong, 1996. 41 N Andersson, S Mhatre, N Mqotsi & M Penderis, How to police sexual violence, Crime & Conflict, Autumn, 1999. 42 S B Dawood et al, op cit. 43 V Francis, op cit. 44 B Clark, op cit. 45 L M Artz, op cit. 46 B Clark, op cit. 47 R Jewkes et al, op cit. 48 L M Artz, op cit. 49 Ibid.

References in text boxes

POWA, The extent of the scourge, 1999. P Parenzee, While women wait…(2) Monitoring the Domestic Violence Act, Nedbank ISS Crime Index 5(3), 2001. E Pelser, J Schnetler and A Louw, Not everybody's business: Community policing inthe SAPS' priority areas, ISS Monograph No 71, Pretoria, March 2002. N Andersson, S Mhatre, N Mqotsi & M Penderis, How to police sexual violence, Crime & Conflict, Autumn, 1999. Chapter eleven

Legal Service

Key findings z Just over a tenth (11%) of survivors sought legal advice and assistance for the most serious incident of abuse. z Survivors living in the suburbs were most likely (28%) to seek legal services, while those in rural areas were least likely (6%). z Women with a tertiary level of education were more likely to seek legal advice for the worst incident of abuse. z Only half of the women who sought legal advice applied for and were granted an interdict. z Overall, only 3% of the most serious cases of abuse experienced over the past five years that were discussed in the study went to court. Women living in suburbs were the most likely (8%) to have had a case reach court while those women living in rural areas were the least likely (1%). z The study confirms that very few cases of abuse ever reach the courts and even fewer result in a conviction. z Only a small percentage of the cases resulted in the abuser being sentenced and imprisoned.

The following section covers the type and quality of legal advice and assistance that survivors sought after the incident of abuse that they considered to be the most serious. In many instances, survivors were not be able to afford legal assistance, and did not know that legal aid could be sought. Furthermore, the provision of such assistance was of variable use to women. 136 Violence against woman

Use of legal services

Overall, just over a tenth (11%) of the women sought legal advice for the most serious incident of abuse. The tendency to use legal services varied among women living in different areas. More than a quarter of women (28%) living in the suburbs sought legal advice, compared to only 13% in townships, 10% in metropolitan areas and 6% in the rural areas. A focus group discussion with the KwaZulu Natal interviewers revealed that there are no legal aid offices in rural areas. This means that in rural areas at least, other than the advice provided when reporting a case to the police, women are unlikely to be able to access legal assistance. Women with a tertiary level of education were more likely to seek legal advice after the most serious incident of abuse. A fifth (20%) sought help from a lawyer or paralegal in comparison to 10% of survivors who had a Grade 10 to Matric and 5% with a Grade 8 to Grade 9. Just over one tenth of the women (11%) with only a primary level of education sought such help.

Source of assistance

Nearly two thirds (64%) of survivors who sought legal counsel for the worst incident of abuse went to an attorney or lawyer in private practice. Less than a fifth (19%) went to state bodies such as the maintenance court (12%), Legal Aid (12%), prosecutors and the magistrate's court (5%), or the Department of Manpower (2%). Non-governmental organisations such as the National Institute for Crime Prevention and the Rehabilitation of Offenders (NICRO) assisted a few (3%) of the women. Over two fifths (42%) of the women who sought legal assistance did not have to pay for the services, while another 42% had to cover the costs themselves. Two thirds (67%) of the women were informed of the interdict when they sought legal assistance. Three tenths (30%) were told about the Peace Order. Over two fifths (62%) were told about divorce and 72% were informed about child maintenance. It thus seems that women are informed of their legal options by those providing legal services. However, a large proportion of survivors were still not told about the interdict, or about divorce or child maintenance, and the majority were not told about a peace order.

Applications for the interdict

In this study, only half (50%) of the women who sought legal help and applied for an interdict were granted one. Legal Service 137

When asked to describe the process of obtaining the interdict, nearly two thirds (66%) of the descriptions were negative. Many women did not know what they had to do (20%) and the process was described as complicated (19%), time consuming (14%) and expensive (13%).

The procedure for obtaining an interdict

"The application for the interdict under the Prevention of Family Violence Act was made by way of an affidavit, stating the facts upon which the application is based and the nature of the order applied for. This affidavit is handed to the clerk of the court who then submits it to the judge or magistrate. If the magistrate grants the interdict, they are required to authorise a warrant of arrest of the respondent, which is suspended on the conditions which the magistrate or judge may impose. The interdict took effect once it was served on the abuser. After service of the interdict, a certified copy of the interdict and the original warrant of arrest was given to the woman. If the woman required the execution of the warrant, they must present an affidavit in which it is stated that the respondent has breached any of the conditions of suspension of the warrant to a peace officer along with the warrant of arrest. Once the abuser has been arrested he must be brought before a judge or magistrate no later than 24 hours after his arrest. The judge or magistrate must then hold a summary inquiry into the alleged contravention of the interdict. If it is found that the respondent did contravene the interdict, he is convicted and sentenced to a fine or up to twelve months imprisonment. The percentage of women who followed through to the process to the actual arrest of the abuser is low." B Clark, 1996.

At the time of the survey, the Prevention of Family Violence Act was still in place and women were required to obtain an interdict. The Domestic Violence Act of 1998 has subsequently replaced the Prevention of Family Violence Act. Women now have to apply for a protection order instead of an interdict. While the procedure for applying for a protection order is very different from that of an interdict, several problems faced by survivors in obtaining the order remain.1 However, the Act is a vast improvement on the previous legislation and a number of substantial changes aim to protect domestic violence survivors and ensure that state agencies such as the police and courts enforce its provisions. Some of these changes include: z A comprehensive definition of domestic violence that includes physical, sexual, emotional and economic abuse as well as intimidation, stalking, damage to property and other controlling behaviour. 138 Violence against woman

z Broadening of the types of relationships so that people who share the same residence (not just intimate partners or married couples), are cohabiting, dating, engaged, in customary or homosexual relationships are protected by the Act. z Defined roles and responsibilities for the police, that include informing survivors about their rights, helping them to find places of safety, obtain medical treatment and accompanying them to collect their belongings. z Specifying the nature and extent of protection women are entitled to. A person who has been abused is entitled to a protection order which is a court order that protects the person from abuse by legally prohibiting the perpetrator from engaging in an act of domestic violence, entering the residence shared with the survivor if it is in the survivor's best interests, entering a specific area in the residence (such as the bedroom used by the survivor), or entering the home and workplace of the survivor. z Extended hours of access to courts to obtain a protection order.2 The usefulness of an interdict was questioned (and hence its replacement with the protection order under the new Domestic Violence Act). In the study of rural women in the Southern Cape it was found that 16% of those who had obtained an interdict did not have a complete understanding of how it was meant to be used or the criminal justice process in relation to the breach of the interdict, despite obtaining the orders. Furthermore, there was no guarantee that once charges were laid, a domestic violence case would be prosecuted. Reasons for this included the perceptions of the magistrate as to the credibility of the witness, any possible complicity in the case, provocation of the abuse, and the severity of the abuse. 3 In a study in the Eastern Cape in 1999, Masimanyane found that in the East London court there were 16 violations of the interdict.4 Of these, one offender was found not guilty and discharged, six of the cases were struck off the roll and five were withdrawn by the applicant. Only four of the abusers were convicted and sentenced. Of these four, the sentences were as follows: z six months imprisonment suspended for five years; z six months imprisonment suspended for three years; z nine months imprisonment suspended for five years; z a fine of R900 or 90 days imprisonment. It is doubtful that the interdict served as a preventative measure at all (i.e. whether abusers violated the rules of the interdict or not). During focus groups for the ISS national survey, interviewers were asked about the abuser's reaction to the interdict. The responses suggest that the interdict served little practical purpose in preventing abuse, and that in some instances it actually provoked further abuse (see box). Legal Service 139

"[The interdict] can often result in an increase in violence and in some cases the murder of the abused. Due to the lack of enforcement of an interdict the abuser is also, in many cases, undeterred. However, in some cases it does work." North West focus group

"In most cases they tear it [the interdict] up and say this is nothing. Sometimes the man wants to go and get an interdict against her." Northern Cape focus group

"Most abusers become more aggressive. There was that case of that traffic cop who killed his wife. Even before the protection order was served someone phoned him and told him 'Hey, broer [brother], your wife was here getting that protection order'. So he went home and shot her before they could serve it to him. The police are not doing their work and so there is often an increase in violence after the serving of a protection order." Free State focus group

Progress of the case

Women in the ISS national survey who had sought legal advice or assistance for the most serious incident of abuse, were asked about the progress of their case at the time of the interview. Three tenths (30%) who had sought legal assistance said that no progress toward an outcome had been made: z 13% said the abusers had not been charged or tried; z 8% said they asked for the charges to be dropped; z 7% said the abusers had not been arrested; z 2% indicated that they had not been informed of their legal options.

Over two fifths of survivors who had received legal counsel (41%) could be classified as being in various stages of progress toward an outcome: z 10% said the abuser was charged and tried; z 10% of survivors said the abuser was arrested; z 7% said their cases were still in progress; z 7% had been informed of their legal options; z 5% said that a case had been opened against the abuser but there had been no court appearance; z 2% said the abuser had been let out on bail. Nearly three tenths (29%) of the survivors who had sought legal assistance said their cases had been resolved at the time of the interview: 140 Violence against woman

z 6% said they had filed for divorce or had already divorced the abuser; z 5% said their case was settled outside of court; z 5% said that a verdict had been given and the abuser was not imprisoned; z 5% said the abuser was sentenced and imprisoned; z 3% said the abuser was told to pay maintenance; z 3% said that the abuser was fined; z 2% said that the abuser had been found guilty.

The court process

Overall, only 3% of the most serious cases of abuse experienced over the past five years that were discussed in the ISS national survey went to court. Women living in suburbs were the most likely (8%) to have had a case reach court while those women living in rural areas were the least likely (1%). The study confirms that very few cases of abuse ever reach the courts and even fewer result in a conviction. The reasons for this are varied, and will be touched on below. The survey did not provide information on the court process (largely due to the very small number of women who had experience of the process). The discussion below, based on the findings of other research, outlines some of the issues facing survivours during the court process.

Preparation for court

The Sexual Offences Guidelines set out the following standards:

"The prosecutor must consult thoroughly with the victim before the trial commences. The prosecutor must ascertain what fears the victim has and attempt to allay these fears. It is often useful to familiarise the victim beforehand with the court room itself and the interpreter, if applicable. All the court proceedings must be explained to the victims so that they can fully understand. The victims need to be treated with the utmost empathy and respect at all times."5

However, prosecutors are often under pressure due to enormous workloads. Hence there is little time to prepare for trial or to conduct proper interviews with the survivors.6 The poor instruction, preparation and assistance they received from court officials before the trial severely disadvantaged rural survivors of domestic violence who went to court in the Southern Cape. Basic information such as the structure of the court, the role of judicial officers and the trial procedures was not explained to them.7 Legal Service 141

"In a study of rape cases that passed through the Mdantsane and East London courts in 1997 it was found that a problem many women face is that they do not always have the same prosecutor. The prosecutor will take time off, take study leave, or transfer to other courts. This means that some women are not adequately prepared for court, and they do not know what to do when they are being questioned." R Manjoo, 1999

Repeated postponements

In a study of court records it was found that of the 624 rape cases lodged in 1997 in the Mdantsane Court (in the Eastern Cape), 59% were still postponed in April 1999. The court dates reflected postponements from two months to as much as three years before rape cases were finalised. Some of the reasons for postponements, withdrawal of cases by the state, and for cases being struck off the roll, were: z state witnesses in default; z accused in default-non appearance if out on bail or in custody of guardian; z accused applied for legal aid; z one or two of the accused may still be at large; z due to the late hours at court; z no original records; z court roll was too full for trial to take place on that particular date; z no witnesses.8 The Southern Cape study found that survivors of domestic violence were often not informed that their case has been postponed and that they were severely affected by the distances they had to travel to get to court, only to find their cases postponed.9 The repeated postponements and delays also affect other aspects of the case. In an evaluation conducted of the assistance agencies on the North Coast in KwaZulu Natal, it was noted that witnesses such as the district surgeon and the police had difficulty remembering the facts and details of the case due to the long wait before trial. Moreover, the ability of survivors to recall the details of the event might be negatively effected.10

The survivor as a witness

Some of the problems survivors encounter as witnesses include: z The survivor may be expected to wait in the same area as the accused during the trial. z The statement taken by the investigating officer is not necessarily verbatim (and thus accurate). 142 Violence against woman

z Statements must be written in English, posing difficulties during translation from the survivor's home language. z When the complainant comes to trial to retell the incident, it often varies from the translated statement. These minor differences can jeopardise the complainant's credibility.11 z The complainant is disadvantaged in court by the unfamiliar defence technique, language and cross-examination.12 z On the witness stand, although it is not legal to do so, the survivor's sexual history is often used against her. For example, questions may be asked in court about the last time the survivor had consensual intercourse, the number of partners and descriptions of her sexual behaviour. Other questions such as what the survivor was wearing at the time or what hour she was out are also unfairly and illegally used against her.13 Of the few women who attended court in domestic cases in the Southern Cape, most felt the court process was entirely unsupportive to survivors and that many of the questions asked by magistrates and defence attorneys were leading and inappropriate. Magistrates did not appear impartial and prosecutors appeared indifferent to proceedings.14

Low conviction rates

Many of the problems facing survivors during the court process contribute to cases being withdrawn in court. According to police statistics, rape and serious assault cases were most likely (out of a selection of ten serious crime types) to be withdrawn in court. Calculated as a proportion of those sent to court, 48% of rape and 49% of assault cases were withdrawn in court in 1999. The high withdrawal rate affects the conviction rate. Only 49% of rape cases taken on by the prosecution service resulted in a conviction in 1999.15 This was the lowest rate for the ten most serious crimes considered. This helps to explain the fact that only 8% of rapes recorded by the police in 1999 resulted in a conviction. Research on the issue of conviction rates for domestic violence has shown a similar picture. A study in three police stations in the Eastern Cape found that only 5% of the cases in Duncan Village, 4% in Buffalo Flats and 2% in Cambridge resulted in a conviction.16 The same study found that 21% of the cases in Duncan Village, 24% in Buffalo Flats and 39% in Cambridge were withdrawn by the state.17 One of the reasons for this may be that the prosecutor does not believe the evidence is sufficient to result in a successful conviction. The nature of the injuries thought to be a prerequisite for a successful prosecution in domestic violence cases was raised during a presentation of the national survey results in Bloemfontein. It seems that in cases where there is no evidence of injury, the accused is given the benefit of the doubt as the case study in the box on the following page illustrates. Legal Service 143

Extracts from a domestic violence case in court

Q: What was his reaction to being served with the interdict? A: He was angry. The next day he caught me on the way home from working in this lane. He threw it on the ground and said "What's this? It doesn't scare me!" Then he hit me on the head. He was charged with common assault but they did not lock him up. He lied and said that I was lying and wanted him to be out of the way because I "just wanted to be free to have fun". He said in court that if he had seen me, would he have just left and allowed me to go home? He was found not guilty because there was no evidence of injury.

Subsequently the abuser was arrested on another occasion for violating the interdict.

Q: What would happen after he was arrested? A: If it was a serious case it would go to the small claims court. They were lenient with him—this despite there being other cases of violence against him. He was such a good liar. He would lie, twist the tale, like when he kidnapped us he told the court he saw us walking to town and offered us a lift, and I accepted. He only got 11/2 years [for kidnapping her and her baby at knife point].

- Extracts from an in-depth interview in the ISS national survey with a KwaZulu Natal survivor who repeatedly sought assistance from the justice system for domestic violence. 144 Violence against woman

One night, Kara was abducted and gang raped for nine hours. The perpetrators forced her to wash herself so that evidence of the rape would be destroyed.

Kara* is 24 and lives in the town of Amersfoort in Mpumulanga. She was walking home at about 19h30 when two men approached her. They asked her to accompany them and when she refused, they began to beat her up. The assailants used their fists, a knife and a sjambok. They dragged her to a nearby shack where they continued to beat her and rape her until 05h00 the next morning. She was then forced to wash herself so that evidence of the rape would be destroyed. Kara nevertheless went to a district surgeon who she felt examined her thoroughly. She was taken to the district surgeon by the police. The police however did not inform her of her rights and she was not assisted in a private room. Kara did feel that the police believed her. She said they were reluctant to assist her and did not provide her with information that she needed about the criminal justice process and her case. Kara has been in counselling since the incident and feels understood by the counsellor. Her family and friends have been supportive, both emotionally and financially.

As a result of the attack, Kara sustained open wounds and had to undergo surgery to replace her bladder with a plastic bag. She is now unable to have children. Kara also experienced changes in sleeping and eating patterns, depression, nightmares, feelings of anger and irritability. She has thoughts about killing herself. What bothers Kara the most is that she is unable to have children. She feels that she will never be able to forgive the assailants for the impact the attack has had on her life.

Interview number 1193 * not her real name

Endnotes

1 See for example S Rasool, The new Domestic Violence Act: Responding to survivors' needs, Nedbank ISS Crime Index 5(3), 1999. 2 Ibid. 3 L M Artz, Violence Against Women in Rural Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework, Institute of Criminology, University of Cape Town, 1999. 4 S B Dawood, D M Foster, L A Foster & R Manjoo, Violence Against Women: An Exploratory Study of the Impact of the Justice System on Victims/ Survivors of Domestic Violence and Rape, Masimanyane Women's Support Centre, East London, 1999. Legal Service 145

5 Department of Justice, National Guidelines for Prosecutors in Sexual Offences Cases, Issued by the Department of Justice, Private Bag X81, Pretoria, 0001. 6 S B Dawood, et al, op cit. 7 L M Artz, op cit. 8 S B Dawood, et al, op cit. 9 L M Artz, op cit. 10 K Robinson, Secondary Victimisation and District Surgeons, Independent Projects Trust, Durban, 1999. 11 Ibid. 12 L M Artz, op cit. 13 K Robinson, op cit. 14 L M Artz, op cit. 15 See M Schonteich, Lawyers for the people: The South African prosecution service, ISS Monograph No 53, Pretoria, March 2001. 16 S B Dawood, et al, op cit. 17 Ibid.

References in boxes

R Manjoo, Masimanyane Women's Support Centre, Presentation at the Joint Monitoring Committee on the improvement of the Quality of Life and the Status of Women: Violence Against Women and Access to Justice, 10 November, 1999 Accessed 18/01/00. B Clark, Cold Comfort? A commentary on the Prevention of Family Violence Act, South African Journal of Human Rights, 12(4), 1996. Chapter 12

Policy scan

In order to understand the broad implications of the results of the national survey on violence against women policy, this chapter provides an overview of the key policies, procedures and pieces of legislation that have been developed by government to reduce violence against women. Key developments since 1994 are outlined drawing on available documents from the departments responsible for law enforcement (police and justice) as well as those responsible for health and welfare. The aim is not to provide an assessment of what government has achieved but rather to sketch the context within which women's experience of abuse and service delivery can be considered. The challenge of dealing with violence against women is to develop policy and legislation that provides for a range of practitioners to work together to assist each survivor. The nature of domestic violence and rape impacts on the psychological health of women. But there are also physical and social aspects that require intervention from a variety of government departments, service organisations and individuals.1 The current trend internationally is towards an approach that ensures a co- ordinated policy and practise response that allows the vast array of relevant practitioners to deliver the necessary services. This approach requires not only sufficient numbers of delivery agencies but also practitioners who can effectively deliver in respect of their core business. In South Africa, this approach has been difficult to implement. There is an insufficient number of agencies and professionals. Those that do exist are disproportionately located in the urban centres and many are under-resourced and under-skilled. Moreover, many government departments-especially those responsible for tackling violence against women-struggle to deliver their most basic line function services. This, together with a tradition of working independently of other departments, poor communication systems within and between departments, and a shortage of resources, makes inter-departmental cooperation very difficult. Nevertheless it is encouraging that government has identified violence against women as a priority and is determined to adopt the multi-agency approach. The National Crime Prevention Strategy (NCPS), which provided the broad prevention policy framework from 1996 to 2000, is the most prominent of government's multi- agency approaches. Other initiatives include the sexual offences courts and multi- 150 Violence against woman disciplinary care centres (recently established by the National Prosecuting Authority in various parts of the country), the guidelines for all criminal justice and health system service providers to deal with survivors of sexual offences, the victim empowerment programme coordinated by the Department of Social Development, and smaller initiatives such as the medico-legal centres in Gauteng to assist survivors of rape or abuse. Since few of these initiatives have been evaluated, the only conclusion that can be drawn at this stage is that they have met with varying levels of success.2 The present government's recognition of the problem of violence against women can be traced to the signing and ratification of several international conventions (see box below). This was largely the result of pressure from activists in the violence against women sector and the need for government to align its stance with that of the international community. In South Africa, the Department of Justice appears to be taking the lead in respect of both these international conventions.

International conventions dealing with violence against women signed by the South African government

Convention for the Elimination of Discrimination against Women (CEDAW), December 1995. CEDAW states that violence against women is an aspect of discrimination and that sovereign states need to provide direct support to victims of gender-based violence, including shelters, "specially trained health workers, rehabilitation and counselling services". Signatories should guarantee the protection of women from gender-based violence.

Beijing Platform of Action, 1995.3 The Beijing conference was the last major international conference that dealt with violence against women. The South African government committed itself to protect women from violence through: z Funding programmes and research aimed at eliminating violence against women and the dissemination of research results. z Creating appropriate laws, monitoring them, and punishing offenders. z Setting up programmes to protect, compensate and heal women survivors of violence. z Training service providers. z Funding shelters and ensuring they provide holistic care. z Supporting awareness campaigns and encouraging the media to address the issue in a positive and constructive way. Policy scan 151

Department of Justice and Constitutional Development

The Gender Policy Statement 1991

This framework is intended to guide all members of the justice system by ensuring that decision making, policy making and service delivery within the department are gender sensitive.4 With regard to domestic violence the policy focuses on the implementation of the Domestic Violence Act. In terms of sexual violence, specialised sexual offences courts will be set up countrywide and the substantive and evidential law as well as the legal procedures related to sexual violence will be reviewed (see below).

National Policy Guidelines for Victims of Sexual Offences 1997

The guidelines aimed to improve survivors' experience in the criminal justice system by providing detailed protocols for officials in the police, health, welfare, justice and prisons.

Justice Vision 2000

This is the department's five year national strategy to create a legitimate, effective, accountable and accessible justice system.5 Indicators of success in areas that relate specifically to violence against women are to: z ensure race and gender representation in all structures at all levels within the department; z establish more legal advice offices; z increase the number of prosecutions and convictions and ensure there are fewer delays and lower costs involved in the processing of cases; z introduce specialised courts for survivors of sexual offences. With regard to the last indicator, the National Prosecuting Authority had, by the end of 2000, established 19 sexual offences courts across the country and trained 375 people including police officers, social workers, prosecutors and even some magistrates to work in these courts. A further 12 courts will be opened in 2001. These courts aim to reduce secondary victimisation of victims and witnesses in cases of violence against women and children, by improving the management of cases through the courts. They should also allow for more effective prosecutions by specially training prosecutors.6 Early observations have however shown that the required standards in the courts have not always been met and that insufficient space at some courts means that neither court rooms nor waiting rooms are used specifically for rape matters. There are also not enough trained intermediaries, prosecutors and magistrates to staff the 152 Violence against woman courts. This problem is aggravated by high staff turnover which means that the effects of training are lost unless courses are repeated regularly.7

Domestic Violence Act 116 of 1998

The Act aims to provide survivors with protection from the perpetrator and to facilitate their progress through the criminal justice system. It replaces and improves on the Prevention of Family Violence Act (1993). The Domestic Violence Act provides a holistic definition of domestic violence and protection to survivors through the Protection Order. It also mandates police officers to inform survivors of their rights and provide assistance in terms of referral to a doctor and/or a counsellor as well as to assist women in the collection of their belongings after reporting the crime. Relevant departments (Safety and Security, Justice and Constitutional Development, Social Development and Health) are responsible for developing specific directives for implementing the provisions which will be attached to the Act.8

Minimum sentencing legislation

Amendments to the Criminal Law Amendment Act 105 of 1997 aim to ensure that persons committing serious offences such as rape are not released on bail and, if convicted, receive specified minimum sentences.9 The Act mandates life imprisonment for persons convicted of rape under the following circumstances: z if the rape involved "aggravating circumstances" as specified in the Act; z if the victim is raped more than once, or by more than one person, or by a person who has been convicted of two or more offences of rape, or by a person who knows that he or she has HIV/AIDS; z if the victim is a girl under the age of 16 years, or is a physically disabled woman and thereby particularly vulnerable, or is a mentally ill woman; z if the victim is seriously assaulted. A person convicted on any other grounds for rape should receive a minimum sentence of 10 years for a first offence, increasing to 20 years for a third offence. Judges and magistrates are not however obliged to impose these sentences. A judicial officer may impose a lesser sentence than the prescribed minimum sentences provided he or she can find "substantial and compelling circumstances" to do so.

Sexual Offences Bill (1999)

The South African Law Commission recently released Discussion Paper 85 which considers the substantive law on sexual offences and a proposed new Sexual Offences Bill. It proposes replacing the definition of rape and intends to make rape Policy scan 153 a gender-neutral offence. It stipulates that no relationship can be used as a defence against this charge. The Bill recommends that victims no longer need to prove the absence of consent although the accused can still raise consent to sexual intercourse as a defence. The final Bill should be released by the Law Commission by the end of 2001.

Department of Safety and Security

National Crime Prevention Strategy 1996

The NCPS was approved by Cabinet in May 1996. By dealing with crime as a social rather than a security issue, the NCPS shifted government's approach to safety from one of crime control to crime prevention. The NCPS called for a victim centred, restorative justice approach to crime reduction rather than a state centred system.10 The strategy also aimed to promote safety as a basic need and suggested that violence against women has a serious impact on democracy, stability and human rights. The problem-solving approach by the NCPS towards crime reduction required the participation of a range of government departments, including Safety and Security, Justice and Constitutional Development, Correctional Services, Social Development, Defence, Intelligence, and Home Affairs. The Departments of Arts, Culture, Science and Technology, Education, Transport and Health later also became involved.11 The business sector and non-governmental organisations were also key NCPS partners. Within it's four key focus areas: re-engineering the criminal justice system, reducing crime through environmental design, community values and education and trans-national crime, the NCPS prioritized seven crime problems, one of which was violence against women and children. One of the key projects directly associated with implementation of the NCPS is the Victim Empowerment Programme, led by the Department of Social Development (see below). It is however important to note that structural changes in the Department of Safety and Security since the new minister took office in 1999 have resulted in the NCPS being downgraded from an inter-departmental coordinating body to a small unit within the crime prevention division of the South African Police Service (SAPS). Although the SAPS believes that the NCPS remains government's crime prevention strategy it is unlikely that a small unit with a limited budget within a division of the SAPS will carry enough clout to drive and coordinate the multi-agency approach required for reducing violence against women.12 154 Violence against woman

SAPS Policing Priorities and Objectives for 1999/2000

Each year the SAPS releases a document outlining its priorities and objectives.13 Crimes against women and children are listed as one of the priorities and clear reference is made to improving service to victims. The objectives in terms of this priority include: z Improved multi-disciplinary cooperation. This will be measured in accordance with the number of joint initiatives and by monitoring the conviction rates and percentage of reported cases for selected crimes that are withdrawn before trial. z Victim empowerment. This objective will be evaluated by the number of police officers trained in victim empowerment and the number of police stations that have the facilities to take statements in privacy. z Enforce the relevant sections of the Domestic Violence Act by issuing national instructions, monitoring the number of protection orders applied for and the number of arrests made in terms of the Act.

Department of Social Development

Ten priorities

The Department of Social Development has identified ten priority areas for the department over the next five years.14 One of the priority areas is to respond to the "brutal effects of all forms of violence against women and children as well as effective strategies to deal with the perpetrators". The department has established a directorate that deals with the development and implementation of policy and programmes for the economic and social development of women.15

Victim Empowerment Programme

The Victim Empowerment Programme (VEP) aims to address the lack of adequate recognition and services to victims of crime through coordinated activity between government departments and partnerships with civil society. Key to the programme is the provision of information on available services, the progress of a criminal investigation, and other relevant information about procedures and processes.16 The department's approach to victim empowerment includes supporting and working with organisations that provide services to women and children. Policy scan 155

Endnotes

1 N Harwin, G Hague, E Malos (eds) The Multi-Agency Approach to Domestic Violence: New Opportunities, Old challenges? Whiting & Birch Ltd, London, 1999. 2 For more detail see S Rasool, Sexual offences courts: Do more courts mean better justice?, Nedbank ISS Crime Index 2(4), 2000; L Vetten, While women wait…(2) Can specialist sexual offences courts and centres reduce secondary victimisation?, Nedbank ISS Crime Index 5(3), 2001; P Parenzee, While women wait…(1) Monitoring the Domestic Violence Act, Nedbank ISS Crime Index 2(4), 2000. 3 Department of Welfare and Population Development, Beijing Conference on Women: Plan of Action for South African Women on the Road to Development, Equality and Peace, CTP Book Printers, Cape Town, 1995. 4 Gender Policy Statement: Balancing the Scales of Justice through Gender Equality, Department of Justice and Constitutional Development, Pretoria, 1999. 5 Department of Justice and Constitutional Development, Justice Vision 2000, 6 L Vetten, 2001, op cit; Presentation by T Majokweni, head of the Sexual Offences and Community Affairs Unit in the National Prosecution Authority, to the Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women, Violence Against Women & Access to Justice Hearings, Parliament, Cape Town, 1999. 7 L Vetten, op cit. 8 For more detail see S Rasool, The new Domestic Violence Act: Responding to survivors' needs, Nedbank ISS Crime Index 3(5), 1999. See also South African Police Service, Implementing the Domestic Violence Act, 1999 at < http://www.saps.co.za/domestic/index.htm> 9 For related insights into minimum sentencing legislation and public attitudes to punishment see M Schonteich, Justice versus retribution: Attitudes to punishment in the Eastern Cape, ISS Monograph Series No 45, Institute for Security Studies, Pretoria, 2000. 10 S Kotze, Victim Empowerment Programme (VEP), Department of Social Development, Pretoria, 1999. 11 B Fanaroff, Putting the National Crime Prevention Strategy (NCPS) in context, in L Camerer and S Kotze (eds) Special Report on Victim Empowerment in South Africa, Institute for Security Studies and Department of Welfare, Pretoria, 1998. 12 S Pienaar, speech delivered at a seminar on the National Crime Prevention Strategy, ISS, Pretoria, 2000. 13 Department of Safety and Security, Safety and Security Policing Priorities and Objectives for 1999/2000, 14 Z Skweyiya, Mobilising for A Caring Society: People First for Sustainable Development, Sunday Times, 2000. 15 Z Skweyiya, The Department of Welfare's Role in the Implementation and Access to Justice in Relation to Gendered Violence, presentation to the Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women by the Minister for Welfare, Population and Development, Parliament, Cape Town, 1999. 16 L Camerer and S Kotze (eds) Special Report on Victim Empowerment in South Africa, Institute for Security Studies and Department of Welfare, Pretoria, 1998. Chapter thirteen

Conclusion

The previous chapter illustrates that most of the policies and strategies developed to deal with violence and abuse respond to women's needs after the crime has been committed (and usually after a survivor has made the decision to report it to the police). The most important challenge remains how to prevent violence against women and how to encourage survivors (and often their families and the communities in which they live) that accessing the services of the police, courts and even councillors is worthwhile. Achieving this will require innovation with respect to existing policy, and continuous monitoring of service provision. But above all, it will require the courage to tackle a problem that has become normalised within domestic relationships and society more generally. In drawing together the major findings discussed in the book, this chapter outlines areas for intervention and provides concluding remarks.

Confirmation of existing knowledge about violence against women The national study confirms what practitioners and researchers have observed for many years about violence against women. For example, the problem tends to be ongoing over time irrespective of the type of abuse, the perpetrator is most likely to be the spouse or partner of the survivor, women are most unsafe in the home environment, few women go to service providers and even fewer see their case through the criminal justice process. This serves to verify that little has changed in women's overall experience of violence which raises questions about the efficacy of existing measures. This could be because researchers are not asking the right questions about violence against women, or because policies and solutions are off target, or because the right initiatives are not being implemented. Although it is too early to see major changes in the nature of violence against women in South Africa, it is a cause for concern that so many women are still not able (or are not prepared) to access service providers and the criminal justice system.

Family as a source of assistance to survivors Most survivors said they turned to family for help after the abuse. Women living in suburbs, townships and rural areas were more likely to approach family members 158 Violence against woman than other sources of assistance. (Women in the metropolitan areas were most likely to visit a counsellor.) The survey revealed that on some occasions family members referred survivors to a counsellor, doctor or police officer, and provided support to deal with the abuse or leave the relationship. The focus groups conducted countrywide however suggested that women were often told by their families that abuse is something that "normally" happens in a marriage or intimate relationship-that it is an expression of love or discipline. Women who tried to leave abusive relationships were sent back because of cultural, social or financial issues that concerned family members. Survivors were also told that abuse should be resolved within the family and were discouraged from going to professional service providers thus reinforcing the notion that abuse is a private matter. Given that most survivors told their family about the abuse, it is significant that focus group participants suggested that family members often do little to assist.

Women do talk about abuse and do ask for help The survey shows that women do speak about abuse. The majority told someone about the abuse immediately after it happened-mostly family and friends and in many cases, counsellors. This finding contradicts the presumption that violence against women is a 'hidden' problem which makes intervening difficult. The important question is how those who survivors confide in, respond to the news of the abuse. The survey results about who women turn to for help and how they respond present several possible entry points for programmes dealing with violence against women. Initiatives should target not only women, but also those they turn to for help. The latter need to know about the nature and impact of abuse generally, how to respond to survivors, and what other support services exist that survivors could access. If preventing violence against women requires changing attitudes about gender relations in society, those who survivors turn to for help should be key targets for such prevention initiatives.

The medical profession as a source of assistance to survivors The survey results confirmed local and international research that has indicated that doctors and nurses are often the first point of contact for survivors. In the national study, the vast majority of women did tell the doctor the truth about what had happened to them. However other research has shown that many doctors say they do not know how to intervene or do not have the time. Some may hold a conference between partners or refer the women to a counsellor but most are only able to treat the physical or psychosomatic symptoms. Nevertheless the study suggests that ways must be found of working with doctors and nurses to find appropriate responses to survivors without over-burdening the medical system. Conclusion 159

Counsellors are key service providers and should consider particular areas for intervention The survey revealed considerable variation in the use of counselling services between women living in metropolitan, suburban and rural areas. It is to be expected that where there are fewer counsellors (such as in rural areas) the use of these services will be less than in other areas. It is however interesting that only half of all survivors living in the metropolitan areas visited a counsellor despite the fact that these services are concentrated in the major cities of the country. It is possible that violence against women is regarded as confidential and that abuse is still seen as a private matter. This means that having a greater number of services does not necessarily change this perception and that other efforts are also needed. The survey data and the focus group discussions revealed that overall, women were satisfied with the assistance provided by counsellors. However problems were raised with regard to the negative attitudes of government social workers towards survivors and other counsellors. Nevertheless, the survey confirmed the important role of counsellors in the help- seeking process and highlighted some key areas for intervention by counsellors: z Educate women about why it is important that a medical or district surgeon examination is conducted immediately after an incident of physical or sexual abuse. z Work with the many children who, according to the survey, witness violence on an ongoing basis. It is important for counsellors to consider the impact that this has both on the mental health of the child and her or his ability to resolve conflict. z Ask survivors about the presence of others during the abuse. The survey indicated that many people (other than children) were present at the time the abuse was committed. These people may need counselling themselves but should also be educated about the dynamics and impact of abuse so that they can respond appropriately. z Develop ways of reaching the abusers who, according to the survey, most often behave as if nothing had happened after the most serious incident of abuse.

Understanding patterns of reporting to the police According to the survey, nearly half the survivors reported the abuse to the police. While this is positive, the important question is why the remainder did not report. It is possible that women do not believe that the criminal justice system is the place to resolve their problem. It is also likely that accessing the police is difficult (either because of a lack of transport, or due to feelings of fear and isolation). Moreover, if the level of service provided by the police is poor, the case is unlikely to be reported. The survey also revealed that fewer survivors in the metropolitan areas reported the worst incident of abuse to the police than did those living in the suburbs and even in the rural areas and townships across the country. The level of service may be 160 Violence against woman poorer in the metropolitan areas because the police are overburdened by higher case loads than in other areas. It is also possible that survivors in the metropolitan areas are more informed and thus have higher expectations about police service. If these expectations are not met, women would be discouraged from reporting again. Whatever the reasons, the results suggest that having more services does not necessarily mean that these services will be used. It is also significant (given that most women were abused by a partner or spouse) that survivors who had been abused by a stranger or an acquaintance were more likely to report the incident to the police than those who had been abused by a relative, spouse or partner. This demonstrates that the notion that what happens in the home is a private matter and a lesser crime than that perpetrated by a stranger, still prevails. This is also a common perception among police officers who may discourage women from reporting domestic violence or date and marital rape. Until these perceptions change, the positive developments in the criminal justice system will have little impact for many survivors of abuse. Broadly the survey indicates that in order for women to report abuse to the police, they must want help from the police and they must be able to get there. This seems obvious and would apply to any type of crime. However it is often assumed that having better laws, better police and more police will increase reporting levels. While these factors will have an impact, perceptions about abuse and the role of the criminal justice system in preventing it, will also need to be addressed.

More careful monitoring of police service delivery It is encouraging that just over half of the women who did report the abuse to the police were satisfied with the treatment they received. (Levels of satisfaction with the police were however far less than those recorded for other service providers.) Assessing levels of 'client' satisfaction depends on what those using the service expect and what type and quality of service they know they are entitled to receive. It is possible that many survivors do not know their rights when reporting abuse, and are satisfied that they reached the police station at all and that an officer listened to and documented their story. This is supported by survey results that revealed that although the police largely neglected procedure and rarely informed women of their rights and legal options, many survivors were nevertheless satisfied with the service they received.

Striking a balance between reactive and preventive measures The aim of the study was to examine both the nature and impact of violence against women across the country, as well as the level of service that survivors received from various providers. The value of including both these elements in the study is that it presents a picture of survivors that use the services of the criminal justice system and agencies, as well as those who do not. This distinction raises one of the most Conclusion 161 important conclusions about the problem highlighted by the study: the vast majority of the policies and strategies developed to deal with violence against women (as outlined in the section above) respond to survivors' needs after the abuse has been committed (and usually after a survivor has made the decision to report it to the police). The survey shows however that the most important challenges remain how to prevent violence against women and how to encourage survivors (and often their families and the communities in which they live) that accessing the services of the police, courts and even councillors will be of benefit to them. Most survivors said they spoke about the abuse at some point in time, usually to family or friends. However, less than half take the problem to the criminal justice system. The survey results revealed that all too often, survivors-for a range of reasons-believed that abuse is not a matter that can or should be resolved by the criminal justice system or by other helping agencies. It is also true that the standard of service received does not encourage reporting and pursuing a case again. The service by the police, district surgeons or medical examiners, and the courts needs to be improved. However, much more needs to be done to convince women that they should be using the criminal justice system to deal with abuse-improving services alone will not be sufficient. More effective communication about how the process works and what women can expect and demand, is needed. Tied to this is the necessity for a system that is responsive and regularly monitored. It is of no use, as a focus group in Mpumulanga revealed, that when women do demand their rights from the police, they are perceived as 'cheeky' or aggressive and told that they do not know 'their place'. Until the perceptions about solving abuse via the criminal justice system begin to change, the very essential efforts of the Department of Justice in particular, will have little impact of the levels of violence against women. This in no way lessens the importance of initiatives like the sexual offences courts, multi-disciplinary care centres and Domestic Violence Act. These initiatives, if implemented successfully, will undoubtedly assist and protect those survivors who use the criminal justice system and help to reduce secondary victimisation. The problem, as the study confirms, is that the majority of survivors do not report abuse to the authorities. Changing these perceptions is no easy task, and not enough is being done to address this aspect of the problem. None of the policies above aim explicitly to work in this area. The initiative that came the closest to this aspect was the 'community values and education' pillar of the NCPS. It is telling however that not only did this pillar receive the least attention while the NCPS was in existence, but the NCPS itself (with its emphasis on prevention and the causes of crime) has been significantly downgraded. This downgrading of the NCPS is relevant to addressing the problem of violence against women for another reason. As discussed in the policy scan above, the 162 Violence against woman problem requires a coordinated response that provides a range of different services to each survivor of abuse. Accessing these services often means that women have to repeat their stories many times, which adds to the trauma they experience and contributes to secondary victimisation. Hence policies from each agency should support and reinforce one another and should specify the roles and responsibilities of each department and how they need to work together. This is what the NCPS aimed to achieve. Although the vision provided by the strategy still informs policy and practice, the demise of the NCPS will inevitably slow efforts to establish the large scale prevention efforts that are needed to make South Africa's women safe from abuse. Appendices

Appendix 1

List of persons and organisations involved in data collection

Interviewer Profession Partner organisation Regions / areas Mpumalanga (incl. Gauteng) 1 Elsie Nikiwe Lay Masisukumeni Block A Trust, Block B Magagula counsellor Womens' Crisis Centre Trust

2 Sphiwe Lay Masisukumeni Steenbok, Block C Trust Shabangu counsellor Womens' Crisis Centre 3 Lillian Standers Lay Masisukumeni Schoemansdal, counsellor Womens' Crisis Centre Buffelspruit 4 Annah Sizane Lay Masisukumeni Bosfontein, Magubeni Nyambi counsellor Womens' Crisis Centre 5 Thembi Happy Lay Masisukumeni Madadeni, Magweni Madalane counsellor Womens' Crisis Centre 6 Marita Franck Lay Life Line Nelspruit, White River, counsellor Barberton, Belfast 7 Mavis Sindane Lay Network on violence Kriel, Secunda counsellor against women 8 Nomvula Lay Network on violence Bethal, Ermelo, Darvel Mathebula counsellor against women 9 Anna Lindi Lay Network on violence Leandra, Delmas, Msiza counsellor against women Devon 10 Lindiwe Priscilla Lay Network on violence Volksrust, Perdekop, Kubheka counsellor against women Daggakraal, Amersfort 11 Ndivuhlo Lay Network on violence KwaMhlanga, Cullinan, Sekoba counsellor against women Kwaggafontein, Denniilton, Bronkhorstspruit 12 Dorothy Nel Lay Victim support centre Witbank, Kriel, counsellor Middelburg, Bronkhorstspruit

164 Violence against woman

Interviewer Profession Partner organisation Regions / areas Northern Province 13 Thembeni Elphie Psychologist University of Venda Thohoyandou Mhlongo 14 Morongoe Social Department of Welfare Lebowakgomo, Maja/ Ramphele worker Chueme, Mphahlele, Ledwaba 15 Melinah Social Department of Welfare Pietersburg Motswaledi worker 16 Raesetja Social Private Practice Molepo, Dikgale, Catherine worker Mamabolo, Solomondale Sekgota 17 Moloko Rampola Social Network on violence Mahweleneng, Mapela, worker against women Sekgakgapeng 18 Portia Maluleke Social Private Practice Malamuleke worker 19 Mohlago Psychologist University of Venda Sibasa, Louis Trichard Catherine Madima 20 Mary Mashaba Social Private Practice Giyani worker 21 Susan Olivier Social Far North Alcohol and Pietersburg, Tzaneen, All worker Drug Centre Days 22 Constance Lay Network on violence Litchenburg Mogale counsellor against women 23 Rosina Aikatse Lay Network on violence Brits, Vryheid, Mabopane Lekoane counsellor against women 24 Dimakatso Lay Network on violence Orkney Mokhachane counsellor against women 25 Mirriam Moalahi Lay Network on violence Vryburg counsellor against women 26 Elsie Thandiwe Lay Network on violence Ventersdorp Lekopa counsellor against women 27 Mataeke Lay Network on violence Klerksdorp Ramantsi counsellor against women 28 Theresa Social Private Practice Rustenburg Vermeulen worker 29 Florinda Taute Social Private Practice Potchefstroom worker

Appendices 165

Interviewer Profession Partner organisation Regions / areas Free State 30 Bhaesi Kgasane Lay Network on violence Dewetsdorp, Thabanchu, counsellor against women Tweespruit 31 Kelello Senkhoto Lay Network on violence Bethlehem, Reitz, Senekal counsellor against women 32 Suzie Jasta Lay Network on violence Rouxville, Zastron, counsellor against women Smithfield 33 Ketetso Moholi Lay Network on violence Bloemfontein, counsellor against women Verkeerdevlei, Botchabelo 34 Mookho Lay Network on violence Qwa-Qwa Mofokeng counsellor against women 35 Doreen Chabeli Lay Network on violence Welkom, Odendaalsrus, counsellor against women Thennesen, Hennenman, Bothaville 36 Grace Mosai Lay Network on violence Bloemfontein, Clocolan, counsellor against women Ladybrand 37 Hilze Marie Steyn Social OKV Bloemfontein worker 38 Corne Griesel Social NICRO Bethlehem, Bloemfontein, Wahlitz worker Sasolburg, Kroonstad, Welkom Northern Cape 39 Regina Maieane Lay Network on violence Kimberley, Barkley West counsellor against women 40 Thandiwe Lay Network on violence Kimberley, Warrenton Ntlangula counsellor against women 41 Constance Links Lay Network on violence Upington, Kenhart, counsellor against women 42 Bernadette Ntoba Social FAMSA Pofadder, Kakamas, worker 43 Vuyokazi Lay Office on the Status of Barkley West, Warrenton, Landella counsellor Woman Delportshoop, Kimberley Western Cape 44 Cheryl Linders Social Women on Farms Stellenbosch, Somerset- worker Project West & Boland 45 Karin Kallman Researcher DRA-Development Stellenbosch, Somerset- West & Boland 46 Yoliswa Sonti Research ISS Stellenbosch, Somerset- trainee West & Boland 47 Irene Pietersen Social NICRO George, Knysna, worker Plettenberg Bay

166 Violence against woman

Interviewer Profession Partner organisation Regions / areas Western Cape 48 Nicolette van Social FAMSA George, Outshoorn Renen worker 49 Karin Gildenhuys Social FAMSA Mosselbay area worker 50 Hilze-Marie Social FAMSA Vredenburg, Langebaan Steyn worker Eastern Cape 51 Nomhle Mlotana Lay Network on violence Peddie area counsellor against women 52 Linda Eunice Lay Network on violence Cathcart area Brukwe counsellor against women 53 Nontobeko Social Network on violence East London area Dunjana worker against women 54 Lindiwe Lay Life Line Mdantsane Makombe counsellor 55 Nobuntu Mbanga Lay Network on violence Queenstown counsellor against women 56 Thembakazi Lay Life Line East London Ncubukezi counsellor 57 Lwama G. Rala Lay Community Health Ncera counsellor Worker 58 Nomdwe Mdudo Social Network on violence Qumbo worker against women 59 Bukelwa R. Lay Community Health Berlin Gobodwana counsellor Worker 60 Sheila Basweni Lay Community Health Newlands counsellor Worker 61 Nombeko V. Psychologist Network on violence Alice, Fort Beaufort Tyothulo against women 62 Mandy Barendse Social Network on violence Port Elizabeth worker against women 63 Florence Social Network on violence Stutterheim Maqungu worker against women 64 Candice Carrels Social Network on violence Uitenhage worker against women 65 Linda Myeko Social Network on violence East London worker against women

Appendices 167

Interviewer Profession Partner organisation Regions / areas Kwazulu-Natal 66 Farieda Mia Social Newcastle Child & Newcastle worker Family Welfare Society 67 Rashida Seedat Social Newcastle Child & Newcastle worker Family Welfare Society 68 Patricia Shozi Social Department of Welfare Madadeni worker 69 Baninile Nkosi Social Department of Welfare Osizweni worker 70 Matshediso Social Department of Welfare Ezakheni Ndlovu worker 71 Zarina Ismail Social Ladysmith Child Welfare Ladysmith worker 72 Prishika Pillay Psychologist Childline Pietermaritzburg 73 Njabulo Sithole Psychologist Private practice Pietermaritzburg 74 Zandile Khanyile Lay New Hanover Victim New Hanover counsellor Support Centre 75 Genevieve Social Greytown Child Welfare Greytown Poodhun worker 76 Patience Dlamini Lay Phungase clinic Ixopo counsellor 77 Priscilla Social Department of Welfare Highflats Mthimkulu worker 78 Genues Social Department of Welfare Mahlabathini, Ulundi Magubane worker 79 Jabulile Cele Social Department of Welfare Ngwelezezane, Matshana worker 80 Rosemary Social Department of Welfare Esikhaweni, Mtubatuba Mthembu worker 81 Bongiwe Cheryl Social Richards Bay Child KwaMevamhlophe, Sibisi worker Welfare Richards Bay 82 Roselind Social Stanger Child Welfare Stanger, Sigeni Moodley worker 83 Cecilia de Swart Social Private practice Richards Bay, Vryheid worker 84 Saras Reddy Social Life Line Port Shepstone worker 85 Lay Life Line Port Shepstone counsellor

168 Violence against woman

Appendix 2

List of organisations contacted nationally and provincially

National Offices 27 National Network on Violence Against Women 01 ADAPT 28 NICRO - Pietersburg 02 National Network on 29 Ondersteuning Raad Violence Against Women 30 Rural Womens Association 03 NICRO 31 SANCO 04 POWA 32 University of Venda 05 Rape Crisis 33 Victim Support 06 Shout 34 WAWA - Pietersburg 07 Soul City 08 WILDD North-West Province 09 Women Against Women Abuse 35 Association for Advice Centres 10 Women's Development 36 FAMSA - Potchefstroom Foundation 37 Lifeline - Klerksdorp 11 Women's Shelter Movement 38 National Network on Violence Against Women Mpumalanga 39 NICRO - Rustenburg 40 Rural Women's Movement 12 FAMSA - Secunda 41 Thuso Advice Centre 13 Inkomazi Advice Centre 14 Life Line - Nelspruit KwaZulu-Natal 15 Masisukumeni Women Crisis 16 National Network on Violence 42 Advice Desk for Abused Women Against Women 43 National Network on Violence 17 Sizanani Violence Against Women Against Women 18 Ukuthula Advice Office 44 Greytown Child Welfare 19 Victim support centre 45 Phungase Clinic 20 Young women's network 46 Ladysmith Child Welfare 47 New Hanover Victim Support Northern Province Centre 48 Department of Welfare 21 Child Welfare 49 Newcastle Child and Family 22 Department of Welfare Welfare Society 23 FAMSA - Tzaneen 50 Richards Bay Child Welfare 24 Far North Alcohol and Drug 51 Stanger Child Welfare Centre 25 Gender Commission 26 Mokerong Advice Office Appendices 169

Free State 81 NICRO - Worcester 82 Women in Need 52 FAMSA - Bethlehem 83 Women on Farms Project 53 FAMSA - Bloemfontein 54 FAMSA - Welkom Eastern Cape 55 FAWE Gender desk 56 Lifeline - Bloemfontein 84 Department of Psychology, Univ 57 Lifeline - Welkom of Fort Hare 58 National Network on Violence 85 East London Border Rural Health Against Women Services 59 NICRO - Bochabelo 86 FAMSA - East London 60 Thusanang Women's Advice 87 FAMSA - Grahamstown Centre 88 FAMSA - Port Elizabeth 61 WAWA - Bloemfontein 89 FAMSA - Stutterheim 62 WAWA - Welkom 90 Kidds Beach Border Rural Health Services Northern Cape 91 Life Line/ Childline - Duncan Village 63 Benede Oranje Netwerk ter 92 Life Line/ Childline - East London Bekamping van Geweld Teen 93 Life Line/ Childline - Mdantsane Vroue 94 Masimanyane 64 FAMSA - Kimberley 95 Masimanyane 65 FAMSA - Upington 96 Mount Fletcher Advice Centre 66 Kimberley Crisis Committee 97 National Network on Violence 67 National Network on Violence Against Women Against Women 98 Newlands Border Rural Health 68 NICRO - Kimberley Services 69 Office for the Status of Women 99 NICRO - Port Elizabeth 70 WAWA - Kimberley 100 NICRO - Uitenhage 101 Umtata Advice Centre Western Cape 102 Women Against Child Abuse & Domestic Violence 71 Catholic Welfare Bureau 72 FAMSA - George 73 FAMSA - Mosselbay 74 FAMSA - Oudshoorn 75 FAMSA - Plettenberg Bay 76 FAMSA - Knysna 77 FAMSA - Worcester 78 Mbekweni Health workers 79 National Network on Violence Against Women 80 NICRO - George