Legal Assistance Centre-Namibia

RAPE
GENDER RESEARCH & ADVOCACY PROJECT

Read the report

The extensive report Rape in Namibia and the accompanying summary report which highlights the study’s key findings were both launched in May 2007.

The broad-based research project monitored the implementation of the Combating of Rape Act. GR&AP researchers observed selected court cases, examined police dockets and court records in all the regions in Namibia and interviewed criminal justice personnel and other key informants all over the country. The rape study is significant as the first assessment of the success or failure of legal measure on sexual violence against women and children. It also includes an assessment of the implementation of the new criminal procedure provisions intended to reduce the trauma of court appearance for vulnerable witnesses.

There is also a Summary report: Rape in Namibia.

The launch was attended by about 40 people, with the first copy of the book being handed over to Adv Danie Small, Deputy Prosecutor-General, representing Prosecutor-General Martha Olivia Imalwa. The study received excellent press coverage, including newspaper and magazine articles, television news spots and radio reports.

The report was distributing to key stakeholders -- including the President, Prime Minister and Deputy Prime Minister -- and feedback from government has been very positive, particularly from the Office of the Prosecutor-General and the National Forensic Science Institute.

Many of the recommendations made in the report have been influential, as evidenced by the following:

GR&AP was invited to present key recommendations from the report at the National Conference on Gender-Based Violence convened by the Ministry of Gender Equality and Child Welfare in June 2007, and many of these recommendations were incorporated into the overall conference recommendations. The GR&AP research was cited by key speakers at this conference, including the President (in a speech presented on his behalf), the Prime Minister, the Minister of Gender Equality and Child Welfare and the UNICEF Special Representative.

The GR&AP Coordinator has been appointed to the Gender-Based Violence Advisory Board formed by Cabinet in the wake of the National Conference. This forum should serve as a springboard for continued advocacy pertaining to the report recommendations.

As recommended in the report, the Office of the Prosecutor–General is pursuing the implementation of prosecutor-guided investigations, and has on several occasions convened meetings which involve personnel from different ministries which work with victims of violence together with GR&AP representatives. For example, on 8 November the GR&AP Coordinator attended a small meeting at the Office of the Prosecutor-General to discuss methods for strengthening the state response to gender-based violence. The Prosecutor-General expressed warm appreciation for the GR&AP study on rape, which she felt was proving to be very helpful in assisting government to improve its services. Her office hopes to be instrumental in involving prosecutors in the Woman and Child Protection Units so that they can help to ensure that police investigations secure relevant evidence promptly, to work more closely with the forensic lab, to encourage improved evidence collection by medical personnel and to increase the provision of state-funded shelters for complainants who are not safe at home. This meeting was followed by a formal group tour of the Windhoek Woman and Child Protection Unit on 12 November, with a view to assessing the capacity for expansion and upgrading at this facility.

As a result of the report, GR&AP was invited to make comments on the booklet which guides medical personnel on how to use the new rape kits which are being distributed in the region. Namibia’s National Forensic Science Institute subsequently informed us that most of the GR&AP comments on improving the written materials which accompany the new rape kit were accepted at a regional level, and the materials will be adapted accordingly in the next production cycle in 3 years time. GR&AP also facilitated an effort to secure funding from UNICEF for by the National Forensic Science Institute, for the roll-out of the new-style rape kits with appropriate training of medical personnel.

The key recommendations on record-keeping have been included in the new Naminfo system for recording statistics on cases of gender-based violence, after they were presented by GR&AP at a meeting convened to discuss the new Naminfo system.

Some of the recommendations made in the report were incorporated into the National Plan of Action on Orphans and Vulnerable Children which was launched in 2007.

New approaches for the administrative structure of the Woman and Child Protection Unit are under discussion, with key decision-makers in government inviting the opinion of GR&AP on this topic.

GR&AP drafted an article highlighting recommendations pertaining to judicial officers which was published in a judicial newsletter which is circulated to all judges.

GR&AP highlighted proposals for amendments to the Combating of Rape Act in a letter to the Law Reform and Development Commission, appealing to them to put these items on their 2008 agenda. The Secretary of the Commission undertook to table the proposed amendments at the next meeting of the Commission, scheduled for 6 February 2008, and stated “I am confident that this will be among the priorities of the Commission” (letter dated 11 December 2007).

GR&AP advised the UCT NAMSOC (University of Cape Town Namibia Students Society) on a workshop they held in South Africa in September to discuss gender-based violence in Namibia. They took up our suggestion that they make reference to the recommendations in our recent study on rape, particularly in respect of focusing on getting convictions rather than just on calling for heavier sentences.

GR&AP was invited to advise the Ministry of Gender Equality and Child Welfare on strategies for incorporating recommendations on gender-based violence into Namibia’s new National Development Plan 3, which is a key blueprint for national expenditures over the next 5 years. The Gender Research & Advocacy Project also made direct submissions to the National Planning Commission on this topic.

GR&AP made recommendations to several UN agencies based on the report, in respect of a plan for future UN agency expenditures on gender-based violence.

GR&AP attended a workshop in Johannesburg on 18-19 October, convened by the Canadian HIV/AIDS Legal Network. The workshop was part of an initiative to develop model legislation on rape and domestic violence to be used in advocacy efforts in developing countries. It is exciting to see Namibia’s laws being used as examples of “best practices”.

Many requests for the publications have been received from Namibia and South Africa, and the report was cited by a US Senator in the confirmation hearings of the US Ambassador to Namibia. (Senator Biden mentioned that, according to the Namibian Legal Assistance Centre's recent report on rape in Namibia, over a third of rape victims were under age 18 and one fourth of the rapes were perpetrated by a loved one.)

In 2008, we plan to conduct qualitative follow-up research on why complainants withdraw cases, and to recommend appropriate support to reduce case withdrawals.

Combating of Rape Act
The GR&AP assisted in drafting the progressive rape legislation, the Combating of Rape Act, which came into force in February 2000. The GR&AP mobilized civil society to promote amendments to the bill initially proposed by the government, most of which were accepted by the Parliamentary Committee which studied the bill and incorporated into the final version of the law.

After The Combating of Rape Act came into force, the GR&AP produced simple language training materials: a detailed Guide to the Combating of Rape Act aimed at services providers and counselors, as well as a shorter Summary of the Combating of Rape Act for the general public. Both of these documents are available in English, Afrikaans, Nama/Damara, Oshiwambo, Otjiherero, Rukwangali and Silozi. The GR&AP also produced a feature-length film called Love and Respect in five languages (English, Afrikaans, Nama/Damara, Oshiwambo and Otjiherero) which examined rape along with domestic violence in local settings.

The GR&AP has hosted workshops to train police, social workers, prosecutors, magistrates and medical professionals on the Act, as well as to promote guidelines for service provision in each of these professions. The GR&AP published Guidelines for Service Providers on the Combating of Rape Act of Namibia, intended for professionals who deal with persons who have suffered rape. The Guidelines were developed by the professionals themselves and compiled by the GR&AP. The GR&AP is also in the process of preparing training videos for specific service providers.

The GR&AP has helped to inform the public about about medical issues for rape survivors, including post-exposure prophylaxis (medication that can significantly reduce the chances of HIV infection from the rape if taken promptly after the incident). The GR&AP also assisted the government with the revision of the official form used to record information from the medical examination for rape survivors in consultation with forensic and medical experts.

WHAT TO DO IF YOU ARE RAPED
1. Do not wash your body or change your clothes.
This would destroy signs of the rape which can be used to make sure that the rapist is found guilty in court. Do not tidy up the place where the rape happened. Do not wash anything which might have evidence such as blood or semen on it. Wrap items in newspaper for safekeeping - do not put anything inside plastic packets as plastic can damage the evidence.

2. Go to a doctor, clinic or hospital.
You must get medical help right away. You might want to go to a doctor, clinic or hospital even before you go to the police, especially if you have been hurt. You must be sure to explain that you have been raped. If you go to the police first, they will take you to the hospital or clinic.

Get PEP immediately. PEP (post-exposure prophylaxis) is a medicine which can greatly reduce the chances of being infected with HIV as a result of a rape. It works only if it is taken immediately after the rape and continued regularly for 1 month. The course of medicine MUST begin with 48 hours of the rape, or it will not work.

Ask the doctor about medicine to prevent infection with other sexually-transmitted diseases such as syphilis or hepatitis. It is also best to start taking this medicine as soon as possible.

If you could be in danger of falling pregnant from the rape, ask your doctor for pills that can prevent a pregnancy. These pills will work only if they are taken right after the rape.

Get information about follow-up testing. It is important to be tested at the right times for HIV, and for other diseases that could result from the rape and for pregnancy. You can also get counselling which will help you to feel less afraid about having these tests.

3. Lay a charge with the police.
You should report the rape to the police so that the person who raped you can be caught. This might prevent the rapist from raping someone else. Contact a Woman and Child Protection Unit if possible, as the police in these units have specialized training on dealing with rape cases. The police can help you get to a hospital or a clinic. They can collect evidence which will be helpful in the court case. You should bring a change of clothes with you to the police station so that they can keep the clothes you were wearing during the rape as evidence. If you are afraid that the person who raped you may come back and hurt you, be sure to tell the police. If you have a good reason for being afraid, then the person who raped you will not be set free on bail.