What the Zuma verdict tells us
2006-05-12 11:54
It must have been in the stars that Monday's conclusion in a case between a courageous woman named after the morning star and a mighty, powerful man occurred on the same day as the tenth anniversary of our constitution.
One hopes the media will still uncover the various layers of understanding in this complex and complicated case. Not only for the sake of the case itself, but for the sake of our democracy. Not to mention the young and old who are trying to establish what the infinite intricacies of South African society are.
The fact that the accused was acquitted, rightly raises more questions than there are currently answers. Such as where consensual sex begins, when is it coerced... and when is it sex against someone's will, in other words rape?
How is the media going to answer our nation's need to understand?
In general, the media was aware of the sensitivities in the case, although there was some highly irresponsible reporting - not to forget sweeping headlines such as "Ban the bitch". The media debated its reporting within the ranks of the influential South African National Editors' Forum, a debate that is ongoing.
More than a rape case
As a reporting challenge, it has always been more than a rape case. Gender, morality, HIV/Aids, power relations - all were part of this concoction of which the media tried to make some sense.
We boast a constitution in which equality is a right, but a rape complainant is vilified outside a court building without the police nor the powerful accused raising a finger to prevent this. In other words, our constitution is far from a reality for many women.
What does it say about our society? And how was this reflected in our media?
One of the nuanced layers that need to be unpacked, is that of gender issues.
Of course, the judge's decision needs to be respected. We are supposedly a country under rule of law.
But as the NGO Gender Links pointed out, the "judge's acceptance of the characterisation of the complainant as 'sick and in need of help' fuels stereotypes about women who are victims of sexual assault behaving irrationally".
Another problematic issue was the evidence relating to the complainant's experiences before the age of sixteen. Fact is, the issue of consent cannot be applicable in such cases, as sexual intercourse between an adult and a minor is statutory rape.
The NGO also criticised the fact that the judge accepted arguments relating to the complainant wearing a kanga with no underwear as proof of sexual interest. "This reinforces long standing stereotypes that women who dress in a particular way ask to be raped."
From a gender point of view, the case showed that there are certain weaknesses in the criminal justice system that must be addressed - and will, in terms of the new sexual offences legislation underway, unfortunately be too late for this case.
From a media point of view, the next step would be to identify what we did well, and how we can do better next time.
But even more importantly, where we failed, and how we should address that. It is nothing more than the duty of a social institution calling itself the voice of the voiceless, too many of them women.
But debate, we should. In the process, we might just succeed in clearing up some of the confusion.
Lizette Rabe is head of the postgraduate Department of Journalism at the University of Stellenbosch, a Sanef council member and Sanef-convenor for the Western Cape. And she's addicted to news.
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