Zuma trial reflects South Africa?s response to rape

Despite South Africa’s progressive Constitution women’s occupation of public and private spaces remains limited and constantly under siege. As we stood outside the court on the first day of the rape trial it was clear how even those of us gathered to support the complainant in the case were under siege, our space limited to a small cordoned off area. By contrast, the supporters of Zuma roamed and merged with bystanders all of whom were only occasionally pushed back by police.

 

A few hours earlier the complainant in the case had entered the court, head bowed and covered. The accused had entered through another entrance. He emerged after the day’s proceedings to loudly take centre stage, sing the contentious Awulethe Mshini Wam (already interpreted by some as a phallic symbol representing male virility and power) and dance with the crowd – all with the attitude of someone not raped, not someone who has been accused with rape, nor someone who even takes the matter of violence against women seriously.

 

These first days of the trial – both inside and outside the court – provides us with a mirror that reflects how we as South Africa continue to respond to rape. Despite our efforts during campaigns such as the 16 Days of Activism against Gender Violence, gender based violence is commonly viewed as a private affair that should be kept out of the public domain.  This is the seventeenth day.

 

Women who experience violence are often silenced for fear of the stigma associated with speaking out about the violence they have experienced. Women who do speak out and report rape – an estimated one in nine – are often characterised as either “victims” – who are weak, frightened and vulnerable or “whores” – who are somehow responsible for the violence. This simplistic characterisation maintains patriarchal relationships and reinforces gender stereotypes. 

 

Much of the innocent/guilty victim dichotomy is tied in with how society views women’s sexuality. Women older than 15 and younger than 60 who are raped are deemed to be sexually active and thus often characterised as being of “loose morals” and questionable character. They are questioned about their dress, their reasons for being at the site of the rape. Their entire sexual history and character is open to public scrutiny. In a cruel twist of public revenge for having brought their experiences of sexual violence into the public domain, the rape survivor is held responsible for the behaviour of the rapist. The rapist is described as having lost control, he fell pray to her “womanly whiles”, and he is somehow the victim in a revenge plot. His sexual history and character remains shrouded in a protective veil of patriarchy. In this way rape is falsely located within the ambit of sex – a crime of passion.

 

In part this focus on the victim as being somehow responsible for the actions of the perpetrator has to do with the laws that govern sexual violence. The Sexual Offences Act defines rape as the act of sexual intercourse without the woman’s consent. This places all the responsibility on the survivor to prove that she didn’t give consent. It further reinforces men as perpetrators and women as victims. It does not recognise that men are raped by other men. Society can accept women being the victims of rape but cannot accept men being the victims of rape. Strangely ironic was a placard outside the court reading “Zuma has been raped”.

 

Organisations working within the gender violence sector have long been highlighting the need to change the law to reflect the reality of sexual violence in South Africa. Changing the law will help to change women and men’s experiences of rape – both inside and outside of courtrooms.

 

Characterising the survivor as a “victim” who is weak, frightened and voiceless is equally simplistic and damaging to the struggle for gender equality and the advancement of women’s rights. Survivors can be both in need of protection from the criminal justice system and be courageous at the same time. 

 

This case again highlights just how far we still have to go in changing society’s perceptions around rape being an act of power and control and not a sexual act. We urgently need to challenge the construct of a hierarchy of “victims” – where some are more deserving of support than others.