ABRIDGED DISSERTATION - POLICE SENSITIVITY TO RAPE SURVIVORS: POLICE PERCEPTIONS.
by Janine Pokroy

A dissertation submitted to the Faculty of Arts, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Bachelor of Arts in Social Work.

1999

This study was conducted among a sample of eight members of the South African Police. The major purpose of this study was to document the experiences of the South African Police in dealing with incidents of rape, their role in such cases and the perceived needs of rape survivors for police intervention and protection. Findings revealed that, police intervention for raped women is inadequate and often apathetic and unsympathetic. Moreover the police do not provide adequate protection for rape survivors. These factors, together with a lack of trust in the police contribute to the underreporting of rape cases.

1.1         MOTIVATION FOR THIS STUDY

South African society is permeated by violence. In present day South African society, every woman is a potential rape victim. The negative implications that rape has for women's lives makes an understanding of the crime and increased sensitivity and support on the part of the police of utmost importance. The police have played an extensive role in the perpetration of violence, particularly in their dealings with rape survivors. Many such survivors perceive the police as repressive and brutal, as agents of violence (Donaldson, 1998).

It is within this context that violence against women - the 'silent violence' exists. This form of violence remains neglected both in research and the provision of social, legal and psychological services. However, police services to raped women have been described widely as inadequate, punitive, unhelpful, inappropriate and uninformed.

It is the belief of the researcher that the participation of abused women in the direction and formulation of appropriate police services is necessary. However, it is also important to understand police perceptions of this crime and how they view the services that they provide to rape victims. This study will serve as a small step towards their inclusion in what remains a highly controversial issue - police participation in the intervention programmes associated with the crime of rape.

*              RESEARCH DESIGN AND METHODOLOGY

The unit of investigation in this study was comprised of eight police officers who deal with a large number of rape cases. The total sample of police was drawn from the staff at the Langlaagte Police Station and the Hillbrow Trauma Centre.  A non-probability sampling procedure was used and hence a purposive random sample was selected. The respondents were randomly selected from a total number of police officers working in the chosen stations. The only sampling criterion required was included within the sample - that is that each police officer would have had a considerable amount of experience in dealing with rape survivors. The time span of the study was approximately three months. This allowed the researcher sufficient time to conduct hourly interviews with each of the eight police officers who formed part of the sample. A pre-test with one other respondent from the same population was conducted prior to the interview schedule being administered to this sample group.

*           LIMITATIONS OF THIS STUDY

1. Due to the modest nature of this study, in particular the small sample size and that non-probability sampling procedures were utilised, the findings are not claimed to be representative or generalisable.
2. The presence of the interviewer in administering the schedule may have created subjectivity and bias.
3. Lack of honesty on behalf of the respondents may have led to falsification of responses.
4. The sample study came from the Langlaagte and Hillbrow Police Stations, which are specific communities. Thus findings cannot be generalised to police dealings with rape survivors in other communities.

*              DEFINITION OF TERMS

Empowerment: The process of increasing personal, interpersonal and political power to enable individuals or groups to improve their life situation. It requires the full participation of the people in the formulation, implementation and evaluation of decisions determining the functioning and well being of the society. Rape: "Intentional unlawful sexual intercourse with a woman without her consent by using threats, physical force or violence" (Vogelman, 1986: 435). Rape Survivor: The woman who has been raped. This term is used in place of the term victim which may imply that there is passive acceptance by the woman of the rape. Sexual intercourse: Penetration beyond the woman's vulva with the man's penis.

*       THEORETICAL PERSPECTIVES - THE PROTECTORS AND THE PROTECTED

+       THE SOUTH AFRICAN CONTEXT OF VIOLENCE

'South African women are subject to more abuse at the hands of men than any other women on earth" (The Weekly Mail, Sept 1991). Increasing levels of violence in South Africa have earned the country the rating of being one of the most violent countries in the world (Dunn and Fritz, 1996). Violence has become so entrenched in South African society that it has become part of people's daily lives.  In present South African society, every woman is a potential rape victim. This susceptibility means that many women are haunted by fear of rape. They inhibit their movement, restrict their behaviour and modify their dress - all in the interests of eluding the rapist's grasp (Vogelman, 1990b). Yet, a woman or child is raped every 26 seconds in South Africa. Each year, according to studies by Unisa (1999), based on police information, one million women and children are raped in South Africa. These are the worst rape statistics in the world.

Rape is a microcosm of broader social conflict and instability. To explore violence against women, it is necessary to review the multifaceted fabric of the social order in which we locate the crime of rape and the victim position. If we deny the roots of violence embedded in our pervasive past that continue to feed into our present, we run the risk of increasing social vulnerability (Simpson, 1992; Simpson, 1998).

South Africa is considered a patriarchal and violent society. It is a nation historically embedded in violence both repressive and revolutionary, thereby legitimising such atrocity. A process of 'learning violence', whereby those oppressed become the oppressors perpetuates the violent cycle. This normalisation of violence and crime is argued to have heightened emotional anaesthesia, impacting on responses available to the survivor (McKendrick and Hoffman in McKendrick and Hoffman, 1990).

The current transition in South Africa brought with it hopes for improvement, yet has created a context of turmoil generating deep-rooted insecurity, social fear and a pervasive sense of loss of control. Such insecurity, coupled with a contracting economy, resultant unemployment and unmet expectations, leaves those affected feeling helpless, frustrated and unable to effect positive change. Such powerlessness is translated into emasculation (Simpson, 1992).

Violence against women becomes a symbolic reassertion of masculinity and patriarchal power. It is a manifestation of social insecurity and perceived emasculation (Simpson, 1998). Within this women become the most victimised sector of a community, marginalised and increasingly vulnerable. It is argued that violence against women, in particular rape, is not a product of natural sexual desire, rather it is a violent crime of aggression and reassertion of power, located in social and political dislocation ( Simpson, 1998; Vogelman, 1990a).

The picture painted portrays women as a heterogeneous group victimised directly and indirectly whereby they are forced to be cautious of their movement, apparel and location. Fundamental human needs of autonomy and survival are violated increasing women's inferiority, dehumanisation and inhibiting their social interactions and/or social functioning (Simpson, 1996).

*           CULTURE AND GENDER

Socialisation can be defined as a process through which people are acculturated into attitudes and ways of behaving which enable them to participate in society. The notion that sex role behaviour is learnt has been verified by numerous studies. Barry  et al (1957) found that socialisation patterns and work roles were responsible, for example, for pressurising girls into nurturing and submissive roles and encouraging boys to be more independent and achievement orientated. Although there has been a long history of such socialisation, it is only in the last few decades that inroads have been made allowing women to question what their role is in society. Rape exists, at least in part, because of the ideologies and institutions which dehumanise women and which are essential to the social construction of masculinity.

Double standards of morality characterise the arena of human sexuality: certain modes of behaviour are regarded as legitimate for one sex and not legitimate for the other. The most striking example  is that sexual promiscuity is encouraged in men as a sign of virility, and condemned in women as a display of sinful and shameful behaviour. It is suggested that such notions derive from women being defined as important male possessions, a definition, which may have its origins in women's ability to reproduce heirs to the family name and fortune. Women who are sexually promiscuous are attributed less status. They are given derogatory labels such as 'whore' and 'slut'. There are no comparable derogatory terms for men (Vogelman, 1990b).

The rape victim also has to face these slurs. She, like the promiscuous woman and the lesbian, has engaged in non-conformist sexual acts. Society  does not always recognise that she was forced to partake in the act - what is an issue is that she has gone beyond the limits of 'normal behaviour'. Hence, being defined as a raped women in our society and being subjected to the police' and courts' frequently unsympathetic judgements, extend the victim's torment way beyond the period of the rape itself, and social control of her may  increase (Russell, 1979).

Hardened veterans of rape reform recognise one inevitable fact: the law can only do so much. It can redefine rape, but it cannot reshape attitudes. The law can promote intellectual consistency, but it cannot ensure that all crime victims are treated fairly. Rape law reform is an intellectual exercise. It is an exercise performed in the hope that attitude will follow action (Byrnes, 1998).

*         RAPE AS AN ACT OF POWER

Rape is neither an act of violence nor an act of sexual passion - it is a crime of sexual violence (Vogelman, 1990b:61). Brownmiller (1975:86) argues that men deliberately and knowingly use rape as a control mechanism. She states that rape is a 'conscious process of intimidation by which all men keep all women in a state of fear'. Brownmiller's (1975) conspiratorial conceptualisation of all men's conscious collusion in rape is difficult to support or even comprehend. Her contention that rape is an act affecting all women, regardless of whether they were personally raped, makes a major contribution to an understanding of the social implications of rape. It is true that all women, whether raped or not, fear rape and take precautionary measures which limit their freedom (Burgess, 1985;  Herman, 1979;  Katz, 1979).

The need to conquer and control is the primary ingredient of rape. Male socialisation and society's emphasis on sexual activity have made sex the most visible reason for raping. However, rapists use sex to fulfil non-sexual needs: the need for power, to dominate and to prove their masculinity. Rape myths provide one of the best means for the rapist to rationalise his sexually violent conduct (Mawby and Walhute, 1994).

Calvinistic Christianity has a reputation for being male dominated and with culture support men's power. Recent feminist research reveals the existence of a complex social structure where power, inequality and oppression function along socially constructed gender lines and, in this system, violence is used to control women. Feminist theorists have pointed out that, because it preserves male dominance, sexual violence benefits all men, not just those who actually rape. Systematic gender based stratification is sustained through legal, social, economic, political, and social institutional supports (Lewis, 1994; Sanders, 1980; Scully, 1990).

Research shows that men seek control over women, as this need is not met elsewhere in their lives. Hence the reason for 'displacement'. Ideally work should provide a number of psychological benefits. It should satisfy needs for stimulation and a sense of belonging, structure a person's time and provide social relationships with others. Over and above this, because definitions of work are intimately related to definitions of masculinity, men achieve a sense of personal worth from their jobs. Unemployment, a condition with which many men in Westbury and Riverlea are familiar, is often perceived as a personal failing rather than as a fault of the economic system. A male's fear of losing his job may prevent him from directing his aggression at the immediate source of his hardship, to another less dangerous source. Work dissatisfaction in isolation does not cause rape, but it can act as a contributing factor. When it is combined with numerous other factors, such as sexual inadequacy, dehumanising attitudes towards women, sexist beliefs and unmet power needs, all of which are not exclusive to the working class, rape can result (London Rape Crisis Centre, 1988; Vogelman, 1990a).

*            POLICE AND RAPE

Most people have a media image of the investigators of crime as strong, protective men with an unflinching will to track down their suspect and see him or her behind bars. Unfortunately such an image could not be further from the truth. Although the police would like to be seen as objective and reliable assessors of the facts, people need to question whether this is realistic (Smith, 1989).

As South Africans live in a patriarchal society, it is essential that rape and the rapist be examined within the context of patriarchy and the social control of women. It is obvious that police screen cases not so much based on objective and reliable facts but on a system that caters to the myth that only certain women get raped. The investigator also must intrude on the most private and personal details of the survivor's life. Thus, the police perpetrate a second rape by making a woman's character and morals an issue. They reinforce the cycle of victim blaming that makes rape the most underreported crime (Gamble and Madigan, 1992).

While noting the obligations that police are under to investigate all complaints, the question is how much time they put into their investigations. While official policy does not determine which victims' complaints should receive more attention, police may be influenced by their political and social views when investigating certain complaints. One study conducted in the United States in the late 1960's suggested that the primary reason for the high number of dismissed cases of rape was the police' and prosecutors' attitudes towards rape. According to the study police believe eighty to ninety percent of the rapes reported to them were not really rapes. There has been no local research done to establish whether or not this statistic holds true for South Africa, but if such attitudes do exist, then the rapist need not be overly afraid of incarceration (Vogelman, 1990b).

Police questioning may equally provide the rapist with a measure of indirect protection. Many South African women seem to be aware of the insensitive treatment of rape victims on the part of the police. Police sometimes argue that insensitive questioning is necessary in order to prepare the woman for aggressive cross-examination by the defence counsel. However, police brutalisation of the victim is responsible for the failure of woman to report the crime of rape. Some police, with their inept questioning, may rape the woman psychologically and, with their lack of understanding, may be responsible for many instances of severe emotional damage and psychological trauma. In contrast, the apprehended rapist may receive lenient and congenial treatment from the police. (Bronstein, 1994; Fielding, 1994; Women's Net, 1999).

Not all police treat rapists and victims in these ways. Numerous policemen act with care and concern for the victim and many work long hours to apprehend the rapist.

Police personnel use the same defences as the general public to distance themselves from rape. If women believe that only certain types of women get raped, they feel less vulnerable. If men place part of the blame on the survivor, they can partially deny that their own gender could do something so abhorrent (Warshaw, 1988).

The police are unable and, to some extent, unwilling to make arrests in most of the cases reported to them. Of the men actually charged with rape, a very small minority is convicted. In a study carried out in the United Kingdom it was found that the figure representing the number of convicted rapists was less than one-tenth (Mea and Thompson, 1975).

When a woman reports a rape, she is taking an unknown path. On the one hand, she may be assigned a special police investigator who is sensitive to her and expends much energy on her behalf. The investigator's personality, attitudes, and training may encourage the woman and enhance her self-esteem. On the other hand insensitive and overworked police personnel may be part of the second rape (Gamble and Madigan, 1992).

*           UNDERREPORTING OF RAPE

According to statistics released by the Crime Information Management Centre (CIMC, 1998) it is estimated that only 2.8% of rapes are reported. Gray and Sathiparsad (1998) suggest that many rape survivors do not report their experiences because of a fear of not being believed, a fear of being blamed for the attack, a fear of the social stigma attached to being a rape survivor, and a fear of the conviction process. Other factors, which are emerging in South Africa as obstacles in dealing with rape cases, are a lack of faith in the criminal justice system and additional trauma arising from the way in which cases are handled by the police and the courts. The underreporting of rape is confounded by broader issues relating to discrimination against women and the secondary victimisation of rape survivors. It is by no means a problem that is confined to South Africa (Gray and Sathiparsad, 1998).

The secondary victimisation of rape survivors has been a constant source of concern. Bronstein (1994:202) writes that "women who charge rape say they are raped twice, the second time in court."

Some rape victims believe that unless the rape they have suffered follows the pattern of 'classic' rape, i.e. it has been committed by a stranger in a sudden violent attack which they have resisted strenuously, there will be little point in reporting it since allegation will be met with disbelief. Reasons for non-reporting also include feelings of shame, humiliation and self-blame; the desire to keep the rape a secret; the wish to avoid police investigations and court appearances which are regarded as an ordeal (Smith, 1989).

According to research by Tempkin (1987), police recording practices are important. Not all allegations of offences, which are reported by the public to the police, are finally recorded by the police as offences. The decision to officially record, i.e. to 'crime' a reported incident of any offence, including rape, is obviously crucially affected by individual officers' perceptions and attitudes as well as by legal and evidentiary requirements. Smith (1989) concluded that in many instances of rape the police took too casual an attitude to the importance of the woman's consent, identified too closely with and were too sympathetic towards the accused man.

Most police forces have recognised the need to reconsider their own responsiveness to rape. Nevertheless, the evidence from research done in the United Kingdom suggests that it is still the classic stereotype of rape which is more likely to be officially recorded as a crime (Tempkin, 1987). However, with statistics from the SAPS indicating an increase in the number of rapes reported, it is clear that measures need to be taken in order to manage the situation (Unisa Surveillance Document, 1999).  

*     TRANSFORMATION WITHIN THE POLICE AND THE LEGAL SYSTEM

The South African Police Service (SAPS) is still experiencing a process of fundamental change, which is the direct outcome of the socio-political and economic transformation currently taking place in South African society. These changes relate to the nature and style of policing, the cultures, structures, management style, policies and practices within the police. 

The level of morale amongst the police has an effect on the dedication and effectiveness with which they perform their functions. According to Nel and Burges (1995) members currently experience a high incidence of Post Traumatic Stress Disorder(PTSD). Present studies on stress factors experienced by, inter alia, members of the SAPS, show that poor salaries, insufficient communication, lack of personnel, poor logistics, negative community perceptions, an autocratic management style and disruption to family life caused by overtime and irregular hours, contribute to high stress levels. This results in a diminished sense of personal accomplishment, feelings of negative self-evaluation and psychological and physical burnout. This might also explain why so many policemen only do what is necessary in their jobs,  i.e. the bare minimum.

Major initiatives have been taken by Psychological Services, Social Services and Occupational Health and Safety within the SAPS, to establish infrastructures with the aim of supporting members who experience traumatic events. Due to the high stress levels currently experienced by members, it is critical that special attention be given to these services. It is envisaged by the SAPS that all police officials be able to provide basic psychological counselling and aid at the scene of a crime or violent event, to educate and inform survivors regarding legal process and available community resources for the assistance and treatment of survivors, and to serve as referral agents to those agencies.Schnetler, 1997; Sunday Tribune, 1999).

The Pretoria Murder and Robbery Unit has the first all women field unit in South Africa. The unit deals with rape investigations in the area of Mpumalanga/Northern Province. The aim of this project is to improve the quality of service offered to rape survivors by the police, hospital personnel, district surgeons, social workers and volunteer support groups. This system of specialised investigation provides an improved service to rape survivors. Rape survivors would benefit greatly if similar centres were established throughout the country (Bongmba, 1997).

Community Police Forums have been set up in almost all areas in Gauteng. However, these are for the most part not functioning effectively.(Marais, 1999).

Efforts are being made in basic training of the police and at advanced courses to re-educate police and other officials in the treatment and handling of rape survivors. The legal process is becoming more sensitive. There are many positive changes emerging in the way that the police and the legal system deal with rape survivors.  This makes rape prosecution a potentially more positive experience for rape survivors than in the past (Schnettler, 1997).  

*            ASSUMPTIONS OF THE STUDY

*  Naïve attitudes toward the police begin with the assumption that all police personnel are equally knowledgeable about and experienced with rape. Yet, the police screen cases not so much based on objective and reliable facts but on a system that caters to the archaic myth that only certain women get raped (Gamble & Madigan, 1989).

         PRESENTATION AND DISCUSSION OF FINDINGS

*             IDENTIFYING INFORMATION

The mean age of the five male respondents was 32 years with a range of ages from 28 - 41. Three of the male respondents are  "Coloured", one White and one Black. The rank obtained by the male respondents was diverse. Two (40%) of the male respondents held the rank of sergeant, two(40%) that of inspector, and one(20%) of captain.

The mean age of the three female respondents was 30 years with a range of ages from 25-35. Two(67%) of these respondents are Black, with one(33%) Hindu. Each of these respondents had obtained the rank of constable, sergeant and inspector respectively.

*              POLICE DEFINITIONS OF RAPE

Four(80%) of the male respondents and three(100%) of the female respondents defined rape as referring to intercourse without consent. Thus the majority of respondents seemed to link their definition of rape with the legal definition, i.e. "intentional unlawful sexual intercourse with a woman without her consent by using threats, physical force or violence" (Vogelman, 1986: 435). One(20%) of the male respondents noted that rape is anything that is done unlawfully and with force in order to have sex with a woman. This respondent specified that he did not feel that penetration needs to occur in order for the act to be considered rape. This respondent also included sodomy as rape. One(20%) of the female respondents defined rape as any form of degradation of women. For her penetration was not a prerequisite in order for the crime to be rape.

In examining the respondents' views of the role that women play in rape two(67%) female respondents noted women as being  'victim'. These respondents stated that women are powerless in the face of male strength and cannot protect themselves in the case of rape. Two(40%) of the male respondents adopted this view. Another interesting response was one(20%) of the male respondents stated that women victimise men in rape and therefore questioned whether this act really is rape. This respondent stated that women have the upper hand in sexual issues as often they use money as a reason for sex and then call it rape. In this situation, men are the victims. One(20%) of the male respondents noted the women's role as being contradictory, for example women may try to protect their lives in the act of rape by asking the man to wear a condom or not to kill her. Some police regard such a response as consent to the rape.

*  Feelings Experienced by the Police in Listening to the Rape Survivor

In asking the respondents what feelings they experience whilst listening to the rape survivor's story, two(67%) of the female respondents felt the emotion of hurt in response to the rape survivor. Amongst the male respondents the need to be sensitive to the survivors ranked  highest with three(60%) of the male respondents identifying this as the most predominant feeling they experience.

*  Who Rapes Most Women

Seven(88%) respondents noted that the majority of rape cases that they have dealt with have been acquaintance rapes whereby the survivor knows the perpetrator in some capacity.

HOW WOMEN PROTECT THEMSELVES FROM BEING RAPED

In asking the respondents how they feel about asking the question which examines the ways in which the rape survivor attempts to protect herself against being raped,  two(67%) of the female respondents and two(40%) of the male respondents explained that they felt uncomfortable asking this question to the survivor. The reason being that these respondents stated that there does not seem to be much that a woman can do against the strength of a man in terms of her own protection. Thus the respondents believe that this question seems to aggravate the survivor's trauma by creating a seemingly implied disbelief in the survivor. One(33%) of the female respondents and three(60%) of the male respondents explained that although this question should be asked as part of the procedure, they do not ask this question to the survivor as they feel that it is inappropriate. Of the respondents(4) who ask this question of the rape survivor there was a general consensus from both male and female respondent

s that the reason for the police procedure requiring them to ask this question is to prove rape in court. Thus these respondents(4) noted their need to gain as much evidence from the survivor as possible for the court procedure. The other respondents(4) did not agree that this question is necessary in order to prove rape in court and hence do not ask this question to the rape survivor.

CONTACT WITH THE POLICE

All eight respondents stated that rape survivors contact the police  for justice to be done and for the perpetrator to be punished. One(20%) of the male respondents stated that women report the rape  to take revenge against the perpetrator. One(33%) of the female respondents said that women contact the police to ensure their safety from the perpetrator.

*   All respondents stated that the gender of the police officer influences the case. This was based on the belief that a female police officer is more sensitive to the survivor. According to the respondents(8), male officers tend to be influenced by the stereotypical views of the type of women who get raped and this may  influence the handling of the case in a negative way. All the respondents believed that the survivor feels more comfortable talking to a female officer.

Seven(88%) respondents also noted culture as an important variable as it is believed that different cultures have different understandings of rape and the role of women in society.

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