Jali: Homophobia inbred

2004-02-10 21:16

Pretoria - Inbred homophobia and a lack of training were behind insensitive treatment sometimes meted out to male rape victims in jail, the Jali Commission of Inquiry into prison mal-administration heard on Tuesday.

Prison psychological services director Dr Lorinda Bergh testified she found it startling that no policy had been developed to protect homo- and transsexual men in jail.

"There should be no discrimination against any person, but even though that is the policy of the department, we find ourselves in a male-dominated environment, and one that is often homophobic.

"It would be strange to have a person walking around there with breasts and a penis - a person that is actually a male.

"It would not really be understood by the warders or prisoners, and they would find it difficult to interact with that person," she told the commission.

In some countries, Bergh said, homo- and transsexual prisoners were classified as vulnerable to sexual abuse and kept apart from others.

"Would it be correct to say that a transsexual person is in for a hell of a time in prison, to put it mildly?" evidence leader Graham Barlow asked.

"That would be correct," Bergh replied.

She was testifying on claims by former inmate Louis Karp, who claims to have been raped and abused while awaiting trial for car theft in the Pretoria local prison in 2001 and 2002.

He was eventually convicted and given a suspended sentence.

Karp, who prefers to be called Louisa and regards himself as a woman, has complained to the commission about the manner in which he was treated by the department after laying a rape charge.

Measures 'inadequate'

Earlier on Tuesday, prison doctor Kobeli Khomari admitted that measures to deal with rape among inmates were inadequate, even though the phenomenon was "very common".

He agreed there were inadequate support structures, and that this amounted to a callous disregard for the rights of victims.

Khomari, a part-time doctor at the prison, told the commission it was not unusual for a rape victim to be examined only a day later. This often resulted in evidence being lost.

Khomari also conceded that rape claims very rarely reached court and said rape victims were not referred for psychological help as a matter of course.

Khomari admitted failing to counsel Karp or to enquire about his mental well-being. He conceded this amounted to "an enormous lapse of professional duty".

Bergh expressed alarm at the fact that Karp was not referred to a psychologist, that he was only physically examined the day after the alleged rape, and that he was then sent back to the same section of the prison as his alleged rapist.

She agreed with Barlow that "trauma upon trauma" was heaped on Karp, and that this was largely a result of a lack of understanding of male rape.

"His safety and human dignity were not ensured."

- SAPA