No leniency for rape - plea
2005-03-08 22:32
Cape Town - The Consortium On Violence Against Women has called for continued heavy sentences for serious crimes, especially against women, despite a move towards lighter sentences to alleviate prison overcrowding.
This was the consortium's plea on Tuesday in view of the government's revision soon of the Act on Minimum Sentences.
The consortium has asked that violent crimes against women be seriously considered in debate on the act.
It says that even if there is proof that minimum sentences contribute to overpopulation in SA prisons, this surely is no reason to impose lighter sentences for serious crimes, especially against women.
The consortium comprises the Women's Legal Centre, the University of Cape Town's gender, health and justice unit, the community-law centre of the University of the Western Cape and Rape Crisis in Cape Town.
The consortium says that when judges impose lighter sentences, they must do so on the grounds of compelling and substantial facts that must be duly recorded.
Factors that must not count
It said that factors that should not be taken into account for mitigation when an offender was being sentenced were:
the victim's sexual experience;
the offender's cultural beliefs about rape;
the offender's alcohol and substance abuse;
the offender's lack of education and bad background; and
the victim's seeming lack of physical or emotional damage.
The offender also must not be excused because no apparent "excessive force" was used to attack the woman - and any previous relationship between the two was not relevant.
"We're concerned that these myths surrounding rape are accepted without taking into account any contribution from the victim.
"In various cases of cruel rape of women and children these myths were taken into account," said the consortium.
Need clearer guidelines
It said the concept of compelling and substantial facts that judges take into account to impose lighter sentences needed clearer guidelines.
The legal profession also needs social-context training about the impact of rape, said the consortium.
"We're of the opinion that minimum sentences should be retained, at least until the draft framework and draft bill for sexual offences has been accepted, because they will supply a context for minimum sentences and focus the judges' attention on rape as a serious violent crime," said the consortium.