Why we need the 16 Days campaign

Published Nov 30, 2015

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Johannesburg - The scourge of child abuse remains ever present in South Africa, a perpetual reminder of why the country needs campaigns such as the 16 Days of Activism for no Violence Against Women and Children.

This month, Unicef released statistics revealing that one in two reported sexual abuse cases in South Africa occur against children under the age of 15, with 84 percent of those being committed by relatives or acquaintances.

While many other incidents remain unreported, some survivors only come forward years after the abuse took place.

This year alone, two cases - one criminal and one civil - could potentially have a vast impact on providing aid to those affected by such crimes, even decades after they were committed.

Former South African tennis champion Bob Hewitt was convicted this year of raping two women more than 30 years ago, and sexually molesting another in the 1990s. While all of these women are adults now, Judge Bert Bam’s damning judgment has opened the door for other victims of abuse who did not believe they could come forward with their claims years after the fact.

The same judgment could easily affect other similar cases, with Bam’s concept of the “mosaic of evidence” becoming the go-to case law in such matters. According to the judge, while there was minimal concrete evidence against Hewitt, the number of reliable complainants and other minor evidence was enough to prove the tennis star was guilty of these crimes.

It's understood Hewitt will be appealing the judgment, which if successful could put a damper on Judge Bam’s judgment being used in other cases, but for now, it has given birth to one other civil claim that could potentially change South African law.

A group of eight men and women have come forward to bring a civil damages claim against stockbroker and philanthropist Sidney Frankel, claiming he abused them as children. While some of the claims go back as far as 40 years, a civil claim is still possible even if criminal charges are not.

The seven complainants have to sue Frankel in a civil case because of the time that has passed, meaning he can no longer be criminally tried. Their attorney, Ian Levitt, said the crime of rape could never be prescribed in law but that at the time of the alleged offences, the rape incidents were regarded as indecent assault. However, the group has also laid criminal charges against Frankel, indicating they know that they would be thrown out of a court of law because the crime had prescribed.

According to Levit’s associate, Stacey Barbaglia, this is part of a plan to approach the Constitutional Court over this issue, to change the law. The application, if successful, could potentially allow victims of abuse to open up criminal cases against their abusers, regardless of how long ago the incidents occurred.

It's still unclear when the civil claim proceedings will take place, though the Constitutional Court battle will most likely only begin next year.

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