The Combating of Rape Act 8 of 2000

1. 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

2. Namibia has approximately 1100 rapes/attempted rapes per year according to the Legal Assistance Centre 2006 report Rape in Namibia

3. 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

4. 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

5. 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

6. What is the definition of rape?

7. Rape is the intentional commission of a sexual act under coercive circumstances

8. 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.

9. 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

10. 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

11. 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

12. 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

13. 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

14. Marital rape If a husband forces his wife or a wife forces her husband, it is rape • Rape can happen in a marriage

15. Rape is gender-neutral Both males and females can be the victims of rape Both males and females can be the perpetrators of rape

16. 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

17. 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

18. 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

19. 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

20. 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

21. What to do if you have been raped

22. Steps Do not wash Report the rape See a doctor or nurse as soon as possible. Get counselling

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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?

29. Emotional consequences of rape

30. Anger Direct anger towards family or themselves Feeling they have lost control over their life Direct anger at someone else for letting it happen

31. Guilt Feeling that it is their fault wore ‘sexy’ clothes invited the person in encouraged them Could they have done something to escape?

32. Shame Lose their self-respect Feel dirty Fear they will be blamed Too embarrassed to admit to the rape

33. Loss of control Feel disempowered because they submitted Feel like they can’t even make small decisions

34. Fear Feel afraid that it will happen again Feel unsafe all the time Feel unsafe talking to men

35. 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

36. 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

37. 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

38. 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

39. 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

40. Remember Rape is never the fault of the victim, it is the fault of the rapist! NO MEANS NO!