'Prosecute failure to report rape'
2003-06-12 13:08
Pretoria - Anyone who does not immediately report cases of rape, abuse or molestation to the police should be prosecuted, anti-violence lobby groups said on Thursday.
"Although government spokespeople and police have said it is against the law not to report a crime, there is in fact no statutory law that allows prosecution when this does not occur," the Rape Action Group and Media Against Violence said.
Such legislation was urgently needed, they said.
The two groups also demanded that all religious bodies make clear public commitments to report all such incidents in which any of its religious leaders or employees were implicated.
"Although we recognise the right of adult survivors of rape to choose whether or not to press charges, no such choice exists in the instance of a child under the age of 18.
"Moreover, the Constitution makes it clear that the rights of the child are paramount. These rights cannot be overridden by arbitrary decisions of religious leaders."
All religious communities should state what they would do if they were informed of sexual or domestic violence perpetrated from someone not in their employ. This included outlining the assistance they would give to those affected, and training to be provided for the religious leadership.
The Rape Action Group welcomed the Southern African Catholic Bishops Conference's (SACBC's) public commitment - following reports about its handling of rape and sexual abuse cases - to report such matters to the authorities and to compile a data base of incidents in its ranks.
But it said it was concerned by the SACBC's insistence on conducting its own investigations and internal inquiries before or during court action.
"Such internal processes taint the legal investigations, interfere with the processes of justice and tend to defeat the ends of justice...
"We call on parliament to ensure that the new legislation on rape, child sexual abuse and other forms of sexual abuse ensures that it is a criminal offence for such internal processes to be conducted preceding or concurrent with a court case."
- SAPA