Cape Town - Human rights activists in Mitchells Plain have accused the Delft and Mitchells Plain police stations of failing the victims of gender-based violence (GBV) after they allegedly refused to open rape dockets.
Lamees Moosa said they were currently working on two GBV cases where the police refused to open sexual assault cases for the victims but instead were told to apply for a restraining order.
“A victim in Delft has been living with this man for years and he has been abusive towards her. They do not sleep together but every time he is under the influence of drugs he forces himself on her.
“He has beaten her up numerous times and upon advising her to lay a charge of rape the police refused and said she should rather apply for an interdict.
“In Mitchells Plain we are working on a similar case, a victim came to see us two weeks ago. She’s been married for five years and in the process of a divorce but the soon-to-be former husband repeatedly sexually forces himself on her. Upon our advising her to lay a charge of rape the police also refused to take the case,” he said.
Moosa said this response by the police lead to more women being killed while they wait for protection orders compared to when the perpetrator was arrested immediately.
Activist Sulyman Stellenboom said this caused more damage to the victims as there was more abuse that took place during the waiting period.
“What we have learnt from this is that when a victim seeks to apply for an interdict the perpetrator can still abuse her while they have a pending protection order against them. The police will now act when she has been killed. On Monday one of the victims got the interdict but the perpetrator still physically assaults her. The perpetrator still stays with the victim and can’t take that he was taken to court,” he said.
SAPS spokesperson André Traut said victims of sexual assault were never advised by police not to open a criminal case.
“If any person has been advised as such, we strongly encourage the victim to lodge an official compliant with management so that the circumstances can be investigated,” he said.
Traut said an interdict issued by a court of law indicated the provisions of the order and each case was dealt with on merit.
“In short, the provisions of the interdict will be enforced by SAPS which could lead to the arrest of an offender,” he said.