MOSSEL BAY NEWS - The KwaNonqaba police communications officer, Sgt Kapp, expressed his alarm at the number of rape and sexual assault cases reported at the police station in the course of the past weekend.
In the most upsetting of these cases, a four-year-old child, who was left in the care of family, was found to have been sexually assaulted.
In another case in Mooney Street, Civic Park, a man tried to force himself on a woman. The woman struggled with the man and managed to escape from the house. She later opened a case of attempted rape at the KwaNonqaba Police Station.
In Maqabangqa Street in KwaNonqaba a woman also had to fight off the unwelcome attention of a man. She told police she was watching TV when the man forced himself on her and a rape was only averted when the man's brother, who was sleeping in an adjoining room, woke from the woman's screams and intervened. It is alleged the assailant tried to stab his brother with a knife when he stepped in to stop the struggle.
In another case, in Belu Street, Asla Park, a woman was sleeping when her husband tried to force himself on her. Despite her repeatedly refusing intercourse, the man tried to force himself on her. A case of rape is being investigated.
Rape can be defined as intentional unlawful sexual intercourse. Any sexual intercourse without consent is unlawful.
Also, an adult male who has sexual intercourse with a female under the age of 16 is guilty of "statutory rape" - even if the female has consented. In terms of the Law of Evidence and Criminal Procedure Act, 1987, a boy under 14 years of age is no longer presumed to be incapable of rape.
Until 1993 a husband could not, under South African law, be convicted of raping his wife. However, in terms of the Prevention of Family Violence Act, 1993, a husband who has sexual intercourse with his wife against her will may be found guilty of rape.
A husband may also be found guilty of assault if he used additional force against his wife.
According to http://www.legalcity.net/ the punishment for rape depends on the degree of violence used, the seriousness of injury inflicted, the age of the victim and whether the crime was planned or not.
The sentence which is imposed may range from a short period in prison to life imprisonment.
Protection order can help victims
Victims of rape and family violence can turn to the courts and police for protection. Domestic violence, according to the Domestic Violence Act No. 116 of 1998 is any form of abuse which includes physical, sexual, emotional, psychological or economic harassment; damage to property; stalking; entry into a person's property without their consent; or any other abusive or controlling behaviour where such conduct causes harm or may cause harm to your health, safety, or wellbeing.
If these forms of abuse are happening to you or to anyone you know, you can apply for a protection order. Anyone who is or has been abused, or even any person who has an interest in the life of the person being abused may apply for a protection order.
A domestic violence protection order is a document issued by the court. Anyone may apply for a protection order at the Mossel Bay Magistrate's Court or the court nearest to where the person lives and works.
First, apply for the Interim Protection Order by completing Form 6: Interim Protection Order at your nearest magistrate’s court or high court.
Once you have applied for the Interim Protection Order, complete Form 2: Application for Protection Order at your nearest magistrate’s court or high court.
The application must be made by way of an affidavit which states the:
• Facts on which the application is based;
• Nature of the order; and the
• Name of the police station where the complainant is likely to report any breach of the protection order.
Where the application is brought on behalf of a complainant by another person, the affidavit must state the:
• Grounds on which the other person has a material interest in the wellbeing of the complainant;
• Occupation of the other person and capacity in which such a person brings the application;
• Written consent of the complainant, except in cases where the complainant is a minor, mentally retarded, unconscious or a person whom the court is satisfied that he or she is unable to provide the required consent.
On receipt of the form, the clerk will send your application to the magistrate, who will then set a date for you to return to court, so that your application can be considered.
The magistrate will also prepare a notice to inform the abuser about the protection order and when he or she should come to court.
After the court appearance, the magistrate may grant the protection order.
ARTICLE: NICKEY LE ROUX, MOSSEL BAY ADVERTISER JOURNALIST
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