NGOs Apply to Give Expert Evidence on Rape |
Publication | Independent Online |
Date |
2006-03-27 |
Reporter |
Amy Musgrave, Sapa |
Web Link |
Three non-governmental organisations have applied to give expert evidence in the Jacob Zuma rape trial in the Johannesburg High Court.
This would include the reasons, known by people working with rape survivors, why they often did not take the first opportunity to make known the assault and to seek help, Peter Hodes SC told the court on Monday.
Hodes was presenting an application by the Centre for the Study of Violence and Reconciliation, the Centre for Applied Legal Studies and the Tshwaranang Legal Advocacy Centre, appearing as Amici Curiae, or Friends of the Court.
The effect of childhood sexual abuse Tshwaranang conducts research and engages in advocacy, training and capacity building to promote and protect women's rights in South Africa.
If the application is granted, testimony will be given by Joan van Niekerk, the national director of Childline, and Sheila Meintjies, a professor of political studies at the University of the Witwatersrand.
They intend testifying about the psycho-social context of gender-based violence generally and specifically rape and sexual coercion.
They also plan to give evidence on the specific effect of childhood sexual abuse on the psyche of an adult and the likelihood of re-victimisation, in particular, by means of being subjected to sexual assault as an adult.
The complainant has testified that she was raped at the age of five, 13 and 14.
Coercive circumstances In their evidence, Van Niekerk and Meintjies want to evaluate whether the complainant consented to sex in the context of coercive circumstances brought about by power imbalance inherent in the relationship between her and Zuma.
They also hope to tell the court of the stereotypes and myths operating to the detriment of complainants in sexual offence trials.
The 31-year-old HIV-positive complainant alleged she was raped by Zuma at his Johannesburg home on November 2 last year.
Zuma has insisted she consented to sex.
She reported the matter to the police on the afternoon of the following day.
Both the State's lawyer, Charin de Beer, and Zuma's lawyer, Kemp J Kemp, are opposing the application.
Hodes told Judge Willem van der Merwe that when contacting the complainant about the application, she said in an initial SMS she did not oppose it.
However, on Sunday an SMS from an intermediary said she was opposed to the application, the court heard.
With acknowledgement to Amy Musgrave, Sapa and Independent On Line.