Sexual assault and rape are traumatic crimes that occur frequently in South Africa. Reporting the crime is a crucial step towards seeking justice and ensuring the safety of others. It’s important to know that reporting the crime is your choice, but if you do not report it, your case will not be investigated or prosecuted. Police are not allowed to refuse to investigate your case if you report it.

Important points to note:

• There is no time limit on reporting a rape (other sexual offences have a 20-year time limit)
• Do not shower/wash as you may get rid of important physical evidence like the perpetrator’s DNA or semen, which is important in making your case.
• You can go to a hospital/doctor of your choice directly instead of going to the police first if you are too traumatised or injured. Make sure you tell the hospital/doctor that you have been raped so that they know to preserve the evidence.
• The hospital/doctor will give you medication to prevent HIV/AIDS. If they do not, make sure you ask for this. Take this medication as soon as possible after being raped.

Below, Scorpion will guide you through the process of reporting a rape step by step.

Step 1: Go to the Police

If you choose to go to the police first, you can either call or go in person to the nearest police station. You are supposed to use the police station nearest to where the rape occurred, but since this may be far from where you live, you can go to any police station and they must do the first steps of the investigation, including opening a case docket and the medical examination, and give the case to the correct police station afterwards. They are not allowed to turn you away.

If you call the police, it may take a long while for them to send a van to come fetch you, as one may not be available. However, it remains an option.

At the police station, you can ask to speak to a woman police official. However, a woman may not always be available. You do not have to give all the details of what happened in the charge office when reporting the rape. After you have said that you want to report a rape, you should be taken to a private space such as an office, or to the trauma room, which is a more comfortable room that often also has trained volunteers to help you. Most police stations have trauma rooms that are supposed to be open all the time, even on weekends and at night.

Step 2: Make a Statement

Initially, you can give just a brief statement of what happened and have the rape recorded in the occurrence book (a book in which all crimes are recorded) at the police station. Try to give a detailed description of the rapist and where you last saw him immediately so that police can try to arrest him as soon as possible.

After this, the police will take you to have a medical examination. The medical examination is not carried out by the police, it must be done at a hospital.

Later you will need to give a detailed statement of what happened during the rape. The detailed statement will be given to a detective, also called an investigating officer.

Step 3: The Medical Examination

If you went to the hospital before reporting to the police, make sure you communicate this to the detective on your case. If not, the police will take you to a hospital so that a state doctor (the District Surgeon) can do the medical examination and collect evidence for your case.

You should avoid bathing, showering, using the restroom, cleaning yourself in any way, as well as changing clothes or combing your hair before the medical exam as you may get rid of important physical evidence. But even if you have done any of these, you can still have an exam performed. Bring the clothes you were wearing at the time of the rape so that they can be examined for evidence, if you are not still wearing them. You may want to bring a spare change of clothes with you.

Take the medication provided by the hospital to prevent HIV/Aids as soon as possible.

Free help

You do not have to go through this trauma alone. There are many organisations that provide free help for rape victims, such as the Stop Gender Violence Helpline, Childline, Lifeline South Africa, and the South African Federation For Mental Health Helpline.

Thuthuzela Care Centres are one-stop facilities where a rape survivor receives medical, psychosocial and legal support. They have been introduced as a critical part of South Africa’s anti-rape strategy, aiming to reduce secondary victimisation, improve conviction rates and reduce the cycle time for finalisation of cases. You can find a list of the centres, where they are located and their contact numbers here.

You may also be interested in:
3-step guide to reporting a break-in
Understanding Your Legal Rights: A Guide for Those Assaulted by Government Officials
How are charges dropped in assault cases?

*This is basic legal advice only and should not be relied on solely. Information is correct at the time of publication.