GARDEN ROUTE | KAROO NEWS - There is a glimmer of light at the end of the dark tunnel that is domestic violence, as President Cyril Ramaphosa signed three gender-based violence (GBV) bills into legislation on 28 January.
The bills were first introduced into parliament in 2020 following a public outcry for the government to take GBV cases more seriously.
What this means
The three bills that were signed into legislation are:
- The Bill to Amend Criminal Law (sexual offences and related matters)
The amendment of this act recognises sexual intimidation as an official offence, which it had not done before. This means that if you are threatened by someone's behaviour towards you, verbally or otherwise, you can report it and seek legal action.
It will also extend the national register for sex offenders to not only include perpetrators who acted against children and people with disabilities, but all known sex offenders. It would also make sex offenders' names available to the public for further accountability.
- The Criminal and Related Matters Amendment Bill
This bill comes in response to public outcry against accused offenders being easily granted bail, and perpetrators only having to serve minimum sentences for very serious crimes.
With this bill, those accused of GBV could only be granted bail under exceptional circumstances. If these circumstances were accepted, the court would still have to consider a number of things before granting them bail.
- The Domestic Violence Amendment Bill
This would extend the definition of domestic violence to include victims of assault in those engaged to be married, those who are dating, those in customary relationships, and those in actual or perceived romantic, intimate, or sexual relationships of any duration.
This means that if you are hurt by someone whom you've been casually dating, you would be able to make a case against them under the Domestic Violence Act. This extended definition would also include older citizens who have been abused by family members.
Thanks to this new legislation it will be compulsory for all sexual offenders to be listed on a national register. The laws will also make accessing protection orders a lot easier, as survivors will be able to apply for these online as opposed to having to head to a court to obtain one.
DA welcomes amendments
In a press release, the DA's Western Cape spokesperson for social development, Gillion Bosman, welcomed the amend-ments.
"Among other commendable improve-ments, GBV survivors can now apply for protection orders online, without having to be present in court," he said. "And while these improvements may pave the way in law to combat GBV, practical measures need to be in place, otherwise these laws will remain lofty ideals."
The latest crime statistics from the second quarter of 2021 show that 1 468 sexual offences were committed from July 2020 to September 2021 in the Western Cape. The overwhelming majority of these offences amounted to rape.
"While I commend the amended bill and the findings that no station in the Western Cape ran out of rape kits, it is important to continue to interrogate the procedural delays in justice," said Bosman.
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