The problem of corrective rape has been brought to international attention recently, following a spate of attacks on young lesbian women around Johannesburg, South Africa. Ethical Living contributor Catherine Timms investigates how the legal system in South Africa might deal with this horrendous hate crime.

Corrective rape is the practice whereby homosexuals are raped by members of the opposite sex, with the aim of ‘curing’ them of their sexual orientation. Most often this is men raping lesbian women. In April this year, 24 year old gay and lesbian rights activist Noxolo Nogwaza died after being stoned, stabbed and gang-raped in Gauteng province. Weeks later in nearby Pretoria, an openly gay 13 year old girl was raped in what is believed to be a similarly motivated attack. Whilst this is not a new phenomenon, the first widely reported incident occurred in South Africa in 2008, when Eudy Simelane, a former midfielder for the South African women’s football team, was gang-raped and murdered because of her sexual orientation.

In South Africa, rape and violence against women is prevalent. Rape is a form of gender violence that is rooted in patriarchal systems of control. It is a way of maintaining control over women and their bodies and reinforcing gender and sexuality norms. Those norms prescribe what a woman is and how she should behave, and it is for these reasons that lesbians in particular are targeted.

A study conducted by the South African Medical Research Council in 2009 provided alarming statistics on patterns of rape. Certain figures from this study have been widely quoted; for example that over one quarter of men in South Africa admitted to raping a woman, and of those, over 45 percent reported raping multiple women. However, the study also showed that over one quarter of the men who raped were under 14 years of age when they did so for the first time, and nearly fifteen percent of those were under the force and/or coercion of an authoritative family member. There were also strong connections between rape and childhood trauma, education and poverty levels. Read as a whole, this report not only highlights the fact that rape is prevalent, but that there are seriously disturbing attitudes embedded in South African culture that need to be addressed before the rights of women and homosexuals can be protected.[pullquote]Rape is a form of gender violence that is rooted in patriarchal systems of control. It is a way of maintaining control over women and their bodies and reinforcing gender and sexuality norms.[/pullquote]

Ironically, South Africa has some of the world’s most progressive laws pertaining to sexuality. The constitution explicitly protects the rights of homosexuals and the Civil Union Bill legalises same sex marriage. However, because of the deeply conservative attitudes towards gender outlined above, these rights are not being enforced. For example, the case of Zoliswa Nkonyane, a 19 year old lesbian from Cape Town who was raped and murdered in 2006, was recently postponed for the 32nd time. Society and its institutions are not demanding the enforcement of the laws that are already in place.

Encouragingly progress is being made with assistance from the international community. In April the South African Ministry of Justice and Constitutional Development set up a national task team to tackle hate crimes against lesbian, gay, bisexual, transgender and intersex (LGBTI) South Africans. The task team, made up of government representatives and members of the LGBTI community, was in part inspired by an online petition signed by over 170,000 people in 163 countries using the forum change.org. According to the Department’s chief of staff, the task team will be set to develop a legislative intervention plan, a public awareness strategy and LGBTI sensitive shelters, with formal deliberations beginning in July of this year. A number of intervention options have already been discussed including:

• amending the sexual offences act so as to include sexual orientation as an aggravating factor, which would lead to heavier sentences
• As a preventative measure, allowing the use of Magistrates’ Courts as ‘equality courts’ to address any harassment, discrimination or hate speech
• Consultations on the minimum sentences for hate crimes, including rape on the basis of sexual orientation
• Emphasising the need for sensitivity around LGBTI cases in the ‘service charter for victims of crime’
• Sensitivity in training the South African Police Service, Justice Department, Not for Profit and Social Development structures

This is a significant move by the South African government and they will no doubt be watched closely by the interested local and international communities. However, as with any discussion involving hate crime legislation, there are potential dangers that the task team must work carefully to avoid.

Firstly, it is important that the legislation is worded precisely. Because the needs within the LGBTI community are diverse, the drafting needs to be specific enough so the law can be effective yet provide protection for as many individuals as possible. Secondly, it is imperative that the legislation does not end up serving as a symbol of change that masks a lack of action on the ground, which is why it is essential that the initial proposals of training and education are pursued. Hate crime legislation is always introduced with the aim of protecting the most vulnerable members of society – yet they are the people who have the most trouble accessing the justice system for many reasons. This is why systemic change must gain momentum before any new legislation can be effectual, as laws are merely a product of their social context. The social and institutional offenders are the ones that need to be challenged.

To bring about real change it is important that this awful crime maintains a hearing in the public sphere while the South African government is active on the issue. A number of global organisations such as Avaaz are currently running online petitions. This petition is swiftly approaching an incredible one million signatures and can be found at http://www.avaaz.org/en/stop_corrective_rape_6/. Other active organisations include Action Aid and change.org. Within South Africa, organisations including Luleki Sizwe and Behind the Mask are working tirelessly, with members actively involved
in the task team deliberations.

South Africa has the legal framework to facilitate change. Let’s help the South African community make it happen by keeping public attention on these crimes.

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From the law school of Monash University, to the stables of Caulfield Racecourse and the summits of the Japanese Alps, Catherine Timms has always had a passion for the challenge. Whilst Catherine’s adventures are often diverse and unpredictable, writing is always the common theme that brings them all back home. Be it a newsletter about a piece of legislation or a CD review, she enjoys crafting a thoughtfully written piece about any topic.

Aside from writing, Catherine’s interests are music, slacklining, skiing (snow), yoga, surfing, the outdoors, reading, ideas and planning her wedding.

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