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The Combating of Rape Act 8 of 2000 PowerPoint Presentation
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The Combating of Rape Act 8 of 2000. © Based on a template produced by the Gender Research and Advocacy Project of the Legal Assistance Centre. The Legal Assistance Centre takes no responsibility for any changes made to the template. Namibia has approximately 1100 rapes/attempted rapes

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slide1

The Combating of Rape Act 8 of 2000

© Based on a template produced by the

Gender Research and Advocacy Project

of the Legal Assistance Centre

The Legal Assistance Centre takes no responsibility for any changes made to the template

slide2
Namibia has approximately

1100

rapes/attempted rapes

per year

according to the Legal Assistance Centre 2006

report Rape in Namibia

sex of rape victims
In the majority of cases of rape and attempted rape, the victim is a woman

7%

male

93%

female

Sex of rape victims

according to the Legal Assistance Centre 2006

report Rape in Namibia

sex of rapists
Sex of rapists

1%

female

99%

male

In the majority of cases of rape and attempted rape, the perpetrator

is a man

according to the Legal Assistance Centre 2006

report Rape in Namibia

relationship between rapist victim
Relationship between rapist & victim

12%

Strangers

21%

Relationship to complainant unknown

25%

Relatives, spouses, or intimate partners

42%

Acquaintances

In most cases, the victim was acquainted with, related to or in a relationship with the rapist

what are coercive circumstances
What are coercive circumstances?
  • The previous law defined rape as sexual intercourse without consent
  • The new law uses the term coercion
  • Coercion is the use of force or threats of force
    • This means you might be coerced to have sex, or coerced to “consent” out of fear. This is rape.
examples of coercion
Force

Threats

Being detained

Being helpless

Sleeping

Intoxicated with liquor

The victim believes that it is someone else

Intimidation

The victim has a physical disability, mental incapacity or other inability to prevent the rape

The victim is under the influence of some drug/substance which mentally incapacitates him/her

Examples of coercion
what is a sexual act
What is a sexual act?

The insertion of the penis into the vagina of another person, to even the slightest degree

The insertion of the penis into the mouth or anus

The insertion of any other part of the body into the vagina or anus

The insertion of any part of the body of an animal into the vagina or anus

The insertion of any object into the vagina or anus

Cunninglingus (oral stimulation of the female genitals)

Any other form of genital stimulation

two examples of rape
Two examples of rape

If you are starting to have sex but change your mind and your boyfriend physically forces you to continue, this is rape

If you make someone really drunk so that your friend can have sex with them, both you and your friend are guilty of rape

statutory rape
Statutory rape
  • It is automatically rape if someone under the age of 14 commits a sexual act with someone who is 3 years older
  • It is also a crime if someone under the age of 16 has any kind of sexual contact with someone who is 3 years older (Combating of Immoral Practices Act)
  • Definition of sexual contact is broader than definition of sexual act
  • The age gap is a form of coercion. Crimes are committed in these circumstances even if there was no other kind of coercion
examples
Examples

This means that a 26-year-old who has sex with a 12-year-old is raping the child, even if the child consents to have sex

If a 12-year-old boy and a 12-year-old girl agree to have sex, this is not rape because they are the same age

marital rape
Marital rape

If a husband forces his wife or a wife forces her husband, it is rape

  • Rape can happen in a marriage
rape is gender neutral
Rape is gender-neutral

Both males and females can be the victims of rape

Both males and females can be the perpetrators of rape

gang rape
Gang rape

If one person forces a person to have sex with someone else, both people can be accused of rape

If 3 men take it in turns to rape a person, it is possible for each of them to be charged with committing 3 rapes

quiz is this rape
Quiz: Is this rape?

A girl is taken to the riverbed by her boyfriend and when they get there his friends are waiting to have sex with her. She is too scared to say no and she lets them have sex with her

slide18
Yes this is rape. If there a 4 people and they each have sex with the girlfriend, each person could be charged with 4 counts of rape
slide19
The uncle of a small girl fondles her private parts

A married woman who is HIV positive has an agreement with her HIV positive husband that they will use condoms so that they do not increase their infection level. He comes home drunk and forces her to have sex without a condom

slide20
Yes, both are examples of rape
    • A sexual act does not have to include penetration
    • A rape can happen between a man and his wife
steps
Steps

Do not wash

Report the rape

See a doctor or nurse as soon as possible.

Get counselling

seek help
Seek help

Report the rape to the police

Women and Child Protection Units at police stations

are there to help rape victims

They will collect evidence and investigate the crime

They can take you to a hospital to get medical treatment.

  • Go to hospital or see a doctor as soon as possible
    • You will need to receive medication that will reduce the risk of contracting HIV and other sexually transmitted diseases
    • The doctor can give medication to help prevent pregnancy
    • Go to hospital or see a doctor as soon as possible, some medication will only work if taken soon after the rape
collecting evidence
Collecting evidence

Wait for evidence to be taken before you

change your clothes

wash yourself

tidy the area where you were raped

Write down everything you can remember

The sooner you report a rape, the more likely

evidence can be collected that can be used in court

post exposure prophylaxis
Post-exposure prophylaxis

PEP is a course of antiretroviral drugs which can give help prevent HIV infection if started within 24-72 hours of the rape – the sooner the better

All rape survivors should be given PEP treatment

It is very important for survivors to finish the month-long treatment of PEP. If they do not, the medication may not work

can you help mary
Can you help Mary?

Mary, a married woman, arrives at your home late at night. She is crying and very upset. Her husband lost his job that day and came home drunk and angry. He tore her clothes off and put his penis in her anus. She has never heard of this kind of sex. Normally they use a condom but this time her husband did not use one. She is torn and bleeding and doesn’t know what to do. She does not want to report her husband to the police

slide27
Explain to Mary that what happened was rape
  • Be very gentle with Mary, and keep calm yourself
  • If Mary does not want to report the rape, you should not try to force her to go to the police
  • Go with her to a hospital or clinic as she is injured. If Mary knows she is HIV negative or if she does not know her HIV status, ask the doctor to give her PEP
  • Encourage her to talk to someone she trusts about the problem, such as a family member who could talk to the husband about his behaviour
  • Arrange counselling for Mary if possible. Be supportive, don’t tell anyone else about this situation, and continue to show that you will support her
topic for discussion
Topic for discussion

Some people believe that having sex with a virgin can cure HIV infection

Have you heard of this myth?

If so, what can be done to inform people that it is not true?

anger
Anger

Direct anger towards family or themselves

Feeling they have lost

control over their life

Direct anger at someone else for letting it happen

guilt
Guilt

Feeling that it is their fault

wore ‘sexy’ clothes

invited the person in

encouraged them

Could they have done

something to escape?

shame
Shame

Lose their self-respect

Feel dirty

Fear they will be blamed

Too embarrassed to admit to the rape

loss of control
Loss of control

Feel disempowered because they submitted

Feel like they can’t even make small decisions

slide34
Fear

Feel afraid that it will happen again

Feel unsafe all the time

Feel unsafe talking to men

how to help a friend who has been raped
How to help a friend who has been raped

Assume they are upset even if they don’t show it

Listen to them

Don’t judge them

Be supportive

Wait until they are ready to talk

Give them options but don’t force them

Try to prevent them being alone directly after the rape

the consequences of rape
The consequences of rape
  • Punished by 5, 10 or 15 years for a first offence
  • Punished by 10, 20 or 45 years for a repeat offender
evidence in court
Evidence in court
  • A rape case is private – the public cannot come to the court case
  • The identity of a rape survivor must not be published by the media
  • The sexual history of the victim is not relevant
  • The character of the victim is not relevant
special duties of the prosecutor
Special duties of the prosecutor
  • The prosecutor has a special duty to give the rape survivor information about the trial
  • The rape survivor should be informed if there is a bail hearing
    • The rape survivor has the right to give information about why the accused should not be released on bail. The Magistrate will consider this information
myths about rape
Myths about rape

Rape is just

rough sex

If there isn’t a weapon involved, it wasn’t rape

People secretly enjoy rape.

Rape is only committed by strangers in dark alleys

WHAT DO YOU THINK? .

She didn’t scream or fight back so it wasn’t rape

The victim is responsible because she was dressed provocatively

People say ‘no’’ when they mean yes.

A man can’t be raped

remember
Remember

Rape is never the fault of the victim, it is the fault of the rapist!

NO MEANS NO!