This story about amending laws to solve the problem. Cyril means well. He’s been compelled by womxn making life uncomfortable to see that this issue is serious. But fixing bail, sentencing laws as a solution in and of itself, no. The laws already tried to do that quite well in the late 90s – no one really cared to implement them well. They don’t have an impact because you’ve got to change the criminal procedure act. That’s a more radical change, shift the power in the courts towards survivors ‘complainants’ give them standing, more control in the court. You’ve got to change that they are dependent on prosecutors that get their ‘sensitivity’ training, but are not held to account when they treat womxn like a hassel. The laws changed so that the rules of courts could be more alive to the patriarchal construction of rape, but the magistrates, they let the old way of doing things carry on, the prosecutors are weak, they don’t fight, and the defence attorneys, the rapists – well they just laugh and commit more violence on the womxn who stand there further humiliated. That’s got to change. Zero tolerance that. Hold them to account for the laws already changed – show that the standards already in place are worth fighting for, then, by all means, add some new layers.
Then this sensitivity training. Really, that’s the best that you can do. We worked in the 90s on that. It doesn’t work if you don’t also show leadership on those standards presented in this training – from the Preseident, Ministers, MECs to the station commissioner, the senior prosecutor, the health facility manager. It doesn’t work if you spend a bit of money (never enough) and get some person who doesn’t really ‘get it’ to talk the rank and file through the 20 points of sensitivity and then send them back into the same fucking system. It doesn’t fucking work.
(Image Credit: The Daily Vox)