APPENDIX 1: QUESTIONNAIRE 1: A look at the role of the professional, with specific attention to the victim of rape: the public prosecutor. APPENDIX FIVE: QUESTIONNAIRE 5: A look at the role of the professional, with specific attention to the victim of child rape.
AIMS OF THE STUDY
For the reasons mentioned above, I felt that the roles of the relevant personnel in the court (namely prosecutors, magistrates and lawyers) should be evaluated.
PRESENTATION OF CONCEPTS
It discusses the problems experienced by the victim of child rape in the context of the criminal justice system. Chapter four includes a comparison of legal positions prevailing in the United States and Great Britain regarding the child witness in court.
CHAPTERl
THE CHILD RAPE VICTIM THROUGH THE CRIMINAL JUSTICE SYSTEM
A CLOSER LOOK AT THE CRIMINAL JUSTICE SYSTEM
Consent is a crucial issue in rape cases.6 South African law follows, to a large extent, English law in emphasizing the absence of valid consent to sexual intercourse on the part of the woman, rather than on the element of force.7 Since then the lack of consent is an essential part of the crime; a common defense is giving consent for the act. This chapter also discusses a general overview of the procedures related to the child rape victim who comes before the court.
THE CAUTIONARY RULE
The reasoning behind the application of the warning rule is to emphasize the importance of careful examination of certain witnesses. In such a case, the lack of corroborating evidence will not automatically result in the evidence being disregarded.
UNDERSTANDING THE OATH
The child's intelligence level as well as his/her ability to understand the concept of telling the truth must also be taken into consideration. The child's social background is also a factor that can influence the child's ability to formulate the concept of 'the truth'.
AN OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM
- PRE-TRIAL PROCEDURE
- Pre -Trial Procedure with regards to the Accused Person
- Pre -Trial Procedure with regards to the Victim
- TRIAL PROCEDURE
- Putting the Charge to the Accused
- The Plea
- POST - TRIAL PROCEDURE
Bail may be granted to a person charged by the police.34 If the offense is one contained in schedule 7 of the Second Amendment Law of Criminal Procedure 85 of 1997, then the acting public prosecutor may grant bail for that issue.35. The charge is charged to the accused informing him or her of the offense for which he or she is accused.
THE RAPE VICTIM THROUGH THE SYSTEM
- PRE -TRIAL PROCEDURE
- Procedure in a Pre -Trial Interview
The interview begins with the prosecutor helping the child remember the sequence of events in the incident. The child is then informed about what will happen in court on the court day.
THE TRIAL PROCESS WITH SPECIFIC REFERENCE TO THE CHILD RAPE VICTIM
- LEADING THE EVIDENCE OF A YOUNG WITNESS
- THE INTERMEDIARY SYSTEM
- THE CHILD WITNESS
Therefore, it is clear that the actions and the attitude of the prosecutor affect the testimony of the child. It is therefore possible that the testimony of the child will be adjusted to satisfy these authority figures.
POST TRIAL PROCEDURE
CONCLUSION
THE ROLES OF PROFESSIONALS AND THE PROBLEMS ENCOUNTERED
2~1 A BRIEF LOOK AT THE ROLE PLAYERS INVOLVED
RESEARCH DESIGN AND METHODOLOGY
- SELECTION OF SAMPLE
- METHODOLOGY
- LIMITATIONS OF THE STUDY
- ANALYSIS OF DATA
Scottburgh Regional Courts provided a sample of child rape victims from which a random sample was surveyed. The maximum time spent on each interview completed by a child was twenty minutes. The interview could also only be conducted when the child had given his evidence in court and the subjects were not too impatient to wait for me.
Once the child gave her evidence, there was no reason for her to return to court. The interviews were conducted with the parent present with the child at all times. The aim was to illustrate the extent to which these professionals come into contact with child rape victims.
DEGREE OF EXPERIENCE WITH CIIILD RAPE VICTIMS
SPECIFIC TRAINING REGARDING CHILD RAPE VICTIMS
- SUMMARY
- THE MAGISTRATE
- THE ROLE OF THE MAGISTRATE
- PROBLEMS ENCOUNTERED
- THE PROSECUTOR
- THE ROLE OF THE PROSECUTOR
- PROBLEMS ENCOUNTERED
- THE CHILD PROTECTION UNIT (CPU)
- THE ROLE OF THE CPU MEMBER
- PROBLEMS ENCOUNTERED
- THE SOCIAL WORKER
- THE ROLE OF THE SOCIAL WORKER
- PROBLEMS ENCOUNTERED
- CONCLUSION
The interpreter must be sensitive to the child's needs while performing his duties. It is therefore quite clear that the criminal justice system does little to provide for the needs of the child victim of rape. If this happens, it is the responsibility of the officer to comfort and calm the child. 119.
This referral can take place at the beginning of the process or in the phase after the process. It is also a waste of time for the social worker and other court staff involved in the process. The child rape victim is in the hands of the criminal justice system from the moment she files a report.
PROBLEMS EXPERIENCED BY THE CHILD RAPE VICTIM THROUGH THE CRIMINAL JUSTICE SYSTEM
RESEARCH METHODOLGY
- RESEARCH METHODS
- Interviews
- Questionnaires
- SELECTION OF THE SAMPLE
- LIMITATIONS OF THE STUDY
The sample for the interviews was also randomly selected over a period of two weeks. The major problems experienced were due to the fact that many of the subjects were ignorant and illiterate. Subjects had difficulty understanding the nature and purpose of the study, even when it was explained to them in detail.
It was extremely difficult to gain the trust of the subjects, especially after their experience in court. 138 Ten children were selected for the interviews and ten others for filling in the questionnaires. Another problem related to the use of an interpreter arose because the interpreter available for the interview was a man.
DATA ANALYSIS
I also had to introduce the interpreter's role in the process and ensure that the child felt comfortable having him around.
CONCLUSION
The South African legal system is often criticized for its treatment of the rape victim. It is stated that there is enormous room for improvement regarding the criminal justice system and the victim of child rape. Other countries have tried to overcome their shortcomings in recent years and it is argued that our country should certainly follow suit.
The next chapter looks at the criminal justice systems of two first world countries, namely the United States of America and Britain and their views regarding the victim of child rape.
THE CHILD RAPE VICTIM: AN INTERNATIONAL PERSPECTIVE ON THE ISSUE OF THE CHILD WITNESS
- INTRODUCTION
- THE ENGLISH VIEW
- COMPETENCE
- CREnmIL TY
- THE UNITED STATES OF AMERICA
- COMPETENCE
- CREDmILITY
- CONCLUSION
Ultimately it is the quality of the evidence given by the child that decides the conviction or acquittal of an accused person. Aspects such as the credibility of the witness, the admissibility of the evidence and the stress experienced by the child are some of the aspects that are compared. I chose to compare two first world countries namely the United States of America and England in the hope of broadening the South African view of the child witness.
Any requirement that a trial or indictment require the court to give the jury a warning to convict the accused on the uncorroborated evidence of the child is waived in relation to cases where such warning is only required for the reason that the evidence is the child's evidence. Case law and legal requirements regarding the competence of child witnesses exist in each of the 50 states.156. The attitude of South African courts shows a 'tendency towards the stricter policy of the United States regarding the evidence of child witnesses.
CONCLUSIONS AND RECOMMENDATIONS
INTRODUCTION
The following conclusions can be drawn from a study conducted on the child rape victim and the criminal justice system. The lack of adequate premises in the court also contributes to the inconvenience that the child experiences in the court. The system can also be criticized in that the legislation on child rape victims requires reform.
However, there has been a marked improvement in the procedural aspect of the criminal justice system when it comes to child rape victims. The introduction of the mediation system in the court has greatly improved the status of the child victim. This chapter discusses the solutions recommended to improve the status of child rape victims within the criminal justice system.
PROPOSED SOLUTIONS REGARDING THE ROLE PLAYERS
- THE POLICE OFFICER
- THE PROSECUTOR
- THE MAGISTRATE
- THE SOCIAL WORKER
- THE ATTORNEY
Ignoring the victim after the report is made can be detrimental to the victim's well-being as well as the investigation of the case. This would allow him to understand the child better and thus influence the treatment of the victim when she comes to court. It is further argued that these courses also concentrate on aspects such as the psychological impact of the trial on the victim.
He/she should be informed about ways to make the victim feel comfortable in court and to maximize the credibility of the witness in court. The prosecutor's interviewing skills also need to be improved to conduct proper pre-trial interviews. Furthermore, they must be sensitive to the child's position and take into account the emotional trauma of the child victim of rape.
CONCLUSION
Victims who choose to go for counseling should be given appropriate appointments to see the social worker, and this should be done as quickly as possible. They should take courses that focus on the psychological impact on the child. They must also be prepared to counsel victims who may have become positive as a result of the rape.
They need to become familiar with the different techniques and procedures involved in handling the child. Ultimately, there is a lot of room for improvement in the criminal justice system when it comes to child rape victims. Working together can and will improve the position of the child rape victim in the criminal justice system.
BIBLIOGRAPHY
Predavanje o C~ld Rape Victims and Specialized Child Abuse Prosecuting SectIon na Durban MagIstrates Court, na Univerzi Durban-Westville.
FACULTY OF LAW AND SOCIAL WORK MASTERS IN CHILD CARE AND PROTECTION
A LOOK AT THE ROLE OF THE PROFESSIONALS WITH SPECIFIC REGARD TO THE CHILD RAPE VICTIM
- YOU CONDUCT PRE - TRIAL INTERVIEWS?
- ARE YOU IN FAVOUR OF THE INTERMEDIARY SYSTEM? WHY?
- REGARDING THEIR DEMEANOUR DURING PROCEEDINGS?
12. WHAT FACILITIES DO YOU HAVE AT YOUR OFFICES / COURT TO HELP THE ClllLD TO COURT.
FACUL TY OF LAW AND SOCIAL WORK MASTERS IN CHILD CARE AND PROTECTION
- THE SOCIAL WORKER
- HA VE YOU RECEIVED ANY SPECIFIC TRAINING WITH REGARD TO
- ARE YOU SENT ON COURSES TO UPDATE YOUR KNOWLEDGE AND TRAINING? IF SO, HOW OFTEN?
- WHAT INVOLVEMENT, IF ANY, DO YOU HAVE WITH THE CHILD, AT:- a) PRE - TRIAL STAGE
- DO YOU THINK THAT THE SYSTEM CAN BE IMPROVED TO BENEFIT THE CHILD? HOW SO?
FACULTY OF LAW AND SOCIAL WORK MASTERS IN CmLD CARE AND PROTECTION
A LOOK AT THE ROLE OF THE PROFESSIONALS WITH SPECIFIC REGARD TO THE CHILD RAPE VICTIM
- DO YOU UNDERGO ANY SPECIFIC TRAINING TO DEAL WITH CHILD ABUSE VICTIMS? IF SO, PLEASE STIPULATE WHAT TYPE OF TRAINING?
- WHAT ARE THE MAIN PROBLEMS EXPERIENCED WHEN DEALING WITH CHILDREN WHO ARE VICTIMS OF SEXUAL OFFENCES?
- DO YOU CONSULT WITH THE VICTIM AGAIN ONCE HER STATEMENT IS TAKEN? IF SO, WHEN?
- YOU TAKE THE VICTIM TO THE DISTRICT SURGEON?
- ARE YOU PRESENT DURING THE EXAMINATION?
- DO YOU ADVISE THE VICTIM OF COUNSELLING OPTIONS?
FACULTY OF LAW AND SOCIAL WORK MASTERS IN CHILD CARE AND PROTECTION MASTERS IN CHILD CARE AND PROTECTION. DISSERTATION: THE fate of the child rape victim through the criminal justice system: criticism, defeats and proposed solutions.
A LOOK AT THE ROLE OF THE PROFESSIONALS WITH SPECIFIC REGARD TO THE CHILD RAPE VICTIM
- THE ATTORNEY NAME
- DO YOU BELIEVE THAT THE CHILD WITNESS CAN BE A GOOD, CREDIBLE WITNESS? WHEN AND WHY?
- IS IT NECESSARY TO APPROACH THESE WITNESSES DIFFERENTLY (AS OPPOSED TO ADULT WITNESSES)? IF YES, HOW SO?
- DO YOU THINK THAT IT IS IN THE "BEST INTERESTS OF THE CHILD TO HA VE THE ATTORNEY PRESENT IN CHILD RAPE CASES?
- WHAT ARE YOUR VIEWS ON THE INTERMEDIARY SYSTEM?
THE FACULTY OF LAW AND SOCIAL WORK MASTER IN CHILD CARE AND PROTECTION MASTER IN CHILD CARE AND PROTECTION. DECISION: THE POSITION OF THE CHILD-RAPE VICTIM THROUGH THE CRIMINAL MSTICE SYSTEM: CRITICISM, DOWN}' ALL AND SUGGESTED SOLUTIONS.
A LOOK AT THE ROLE OF THE PROFESSIONALS WITH SPECIFIC REGARD TO THE CHILD RAPE VICTIM
- THE CHILD RAPE VICTIM NAME
- I FEEL COMFORTABLE GIVING EVIDENCE IN COURT
- I KNOW WHAT IT MEANS TO TAKE THE OATH
- THE MAGISTRATE IS THERE TO HELP ME
- THE PROSECUTOR IS MY FRIEND
- THE ATTORNEY IS ALSO THERE TO HELP ME
- I TRUST THE SOCIAL WORKER
- THE POLICE OFFICER IS THERE TO HELP ME
- I ENJOY COMING TO COURT
- I NEED TO SPEAK TO SOMEONE BEFORE I GO TO COURT
- I NEED TO SPEAK TO SOMEONE WHEN I RETURN FROM COURT
- I TRUST THE MAGISTRATE
- I TRUST THE PROSECUTOR
- I TRUST THE ATTORNEY
- I FIND IT DIFFICULT TO SPEAK IN COURT
- THERE ARE PEOPLE I CAN RELATE TO AT COURT
- I FEEL BETTER WHEN I LEAVE THE COURT
- HOW DO YOU FEEL WHEN YOU COME TO COURT? WHY?
- WHAT WILL MAKE YOU FEEL MORE COMFORTABLE AT COURT?
- WHAT WOULD YOU CHANGE ABOUT THE COURTROOM SETTING?
- WHAT DID YOU ENJOY ABOUT BEING AT COURT?
- WHAT DID YPU NOT LIKE ABOUT BEING IN COURT?
FACULTY OF LAW AND SOCIAL WORK MASTERS IN CIDLD CARE AND PROTECTION
A LOOK AT THE ROLE OF THE PROFESSIONALS WITH SPECIFIC REGARD TO THE CIDLD RAPE VICTIM
- THE MAGISTRATE NAME
- ARE YOU IN FAVOUR OF THE INTERMEDIARY SYSTEM? WHY?
- WHAT, IF ANY, DO YOU CONSIDER TO BE THE SHORTCOMINGS OF THE INTERMEDIAR Y SYSTEM?
- WHAT, IF ANY, DO YOU CONSIDER TO BE THE POSITIVE ATTRIBUTES OF THE SYSTEM?
- DO YOU THINK THAT THE CHILD WITNESS CAN BE A GOOD, CREDIBLE WITNESS? WHY?
- WHAT IS YOUR INPUT REGARDING THE IMPROVEMENT OF THE PRESENT SYSTEM IN RELATION TO THE CHILD VICTIM IN SEXUAL
WHAT ARE YOUR INPUTS REGARDING THE IMPROVEMENT OF THE CURRENT CHILD VICTIMISATION SYSTEM IN SEXUAL CURRENT CHILD VICTIMISATION SYSTEM IN SEXUAL ABUSE CASES AND THEIR RESURRECTION IN THE COURT. District/Division-District Division Court Place of hearing Date of first appearance/Date of first appearance. Up bailed Gewaarsku Datum van arres. hereinafter referred to as the defendant) charged with the offense as set out in the Schedule(s).
Datum van aanstelling tot die rang van Landdros Datum van aanstelling tot die rang van Landdros. Oefen in die voltooiing van 'n Forensiese Ondersoekverslag deur die DI.trlct SUlTI«'n, Mftdal Offle« of Mftdal Practitioner na voltooiing van 'n Forensiese Ondersoek.
