I am tweeting this from a heavy heart. I hope it reaches those who like to invalidate people's experiences.

CAN WE PLEASE STOP ASKING RAPE VICTIMS TO GO REPORT THEIR CASES TO THE SAPS WHEN THEY COME OUT WITH THEIR STORIES ON THE TL. PLEASE STOP IT.

Being a lawyer has exposed me to rape cases since my first year of study. Law of Evidence, law graduates will know it, our lecturers will teach us how to discredit a witness' testimony.

Opening a rape case & having the case thrown out doesn't mean the rape never took place, it is because of lack of evidence.

Here it goes:

1. After a person has been raped, they are not allowed to bath, change clothes etc. If they do, the evidence is gone. Some perpetrators steal the victim's underwear. Yes, no lies.

2. Statement to the police
I hate to say this but our police are not properly trained to deal with victims. The statement given to the police has to be super detailed, I mean every little detail has to be in there.

The police will ask you to explain everything & ask questions. Did the perpetrator insert fingers? How many fingers? Where you wet? Did he come etc? etc. So inhumane but necessarily. The statement process will drain you & if not strong enough, you can abandon the process

3.A rape kit has to be taken at a clinic or Dr.
After taking statements, the police take the victim to a clinic for rape kit. Most clinics run out of rape kits. I remember an incident were children's rape kits were used as the clinic had run out of adults rape kit.

Also the nurses will make you repeat your statement, ask questions etc. It is common cause that our nurses are overworked & rude

I also remember a case where the rape kit was inconclusive because the victim was kept at the police station the whole day before taking her for a rape kit. The nurses said its because she has been peeing & has flushed out the DNA in her genitals.

I am not going to talk about nurses who discourage victims from pursuing charges & scaring them about the process that lies ahead

4. The court case
Rape cases are criminal cases therefore handled by the state. It'll be the S v Kamogelo. Prosecutors handle the case & the perpetrator will most likely get a lawyer. Every person has a right to legal representation as enshrined in our constitution.

The victim has to relieve the experience, give testimony, evidence in chief will be led by the Prosecutor. Then the worst of the worst, cross examination by the perpetrator's lawyer. This is gruesome.

Law of evidence comes to play. I'm sure most of you have seen it in the Bricks case. The victim's character will be assassinated. If she has ever opened pornhub, the world will know.

5. Outcome of the case
The onus of proof in criminal cases lies in the state. Evidence must be discharged beyond reasonable doubt. Acquittal does not mean the rape never occurred, it is an outcome based on evidence adduced in the court proceedings.

Coming out can't be easy. Please be kind. If you have doubts, scroll past. Don't play Barry Roux & invalidate the victim's experience. She's still going to go through all that scrutiny in court.

I am also in no way oblivious to the fact that some rape accusations are for clout

The police recorded 42,289 rapes in 2019/20, up from 41,583 in 2018/19. This means the police recorded an average of 116 rapes each day.The rape rate remained at 72.1. 

*source: AfricaCheck