C
4.3.1. RECOMMENDATIONS FOR THE POLICE, PROSECUTION AND
MAGISTRATES
Victims navigating the system need to be kept informed of the different stages
their cases are at. This empowers them to understand the criminal process and
enables them to cope within the wider community.
The passage of time alone should not be a factor in not investigating a case, not
prosecuting it effectively or acquitting an accused person. Different women and
girls react differently to the trauma occasioned by rape and this needs to be taken
into account in assessing cases. In addition, there needs to be appreciation of some
of the social factors impeding timely reporting of rape to the relevant authorities.
The police needs to be encouraged to explore the circumstances surrounding rape
of children with a view to ensuring the full implementation of the law including the
legal provisions dealing with complicity, as well as the legal provisions dealing with
harm and neglect of children.
The justice system needs to be fully resourced in order to ensure that the Victim
Friendly System works for victims. Timely prosecution and timely production of
written judgments need to be standard in each rape or sexual abuse case. This will
ensure that justice is not only done, but is seen to be done which can help
engender public confidence in the system.
4.4. Conclusion
It is hoped that the cases highlighted in this booklet provide an insight into the experiences of survivors of
rape, whether at home, in the school or within the courts. For most of the children whose stories are
captured herein, the aftermath of the rape has exacerbated the original experience of rape, leading to
the rape being indeed a continuing harm. Some have fallen pregnant and been forced by circumstances
to carry and care for babies conceived as a result of this heinous act. What is worse is that they are but
children themselves. In navigating this complex system, they have to contend with a society that is not
sensitive to the plight of rape victims and they therefore oftentimes find themselves being blamed and
ostracized by their communities. It is hoped that the insights gained through the cases highlighted in this
study will provide guidance in terms of the areas that need the urgent attention of all stakeholders.
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