Report Rape

What to do if Someone forces you to have sex?

• Run away as fast as you can. Try to get help or scream loudly. Shout “Fire!” – this gets people’s attention.
• If you do not know the man, take a good look at him and what he is wearing. This will help you identify him later.
• Say you have to go to the toilet and run away.
• Say “No!” strongly many times. Say “Stop it, this is rape!”.
• If he has no weapon, you can try to punch him, poke him in the eye, kick or hit him.
• Some women have been able to make the rapist wear a condom. A condom can protect you against pregnancy and sexually transmitted diseases like Aids.
• Don’t blame yourself later if you did not fight back. It is normal to freeze when you are scared. Sometimes it may be safer not to fight.
• Don’t make him angry if he has a weapon. Try to tell him why he must not rape you.

What to do if you have been raped?

1. Speak to someone you trust

Rape can make you feel very hurt. Try not to be alone. Talk to someone at a women’s organisation. You can also call the toll free Helpline at 0800 150 150.

2. Keep your clothes and try not to bath

If you bath, you wash away the evidence of rape. Put your clothes is a paper bag. Do not use a plastic bag. The police can use the clothes as evidence.

3. Get to a doctor, a hospital or a clinic urgently

A state doctor will do the medical examination, usually at a hospital. You can get a private doctor to do the examination, but they are often not trained in collecting forensic evidence and may not have the time to go to court. You should bring the clothes you were wearing at the time of the rape so that they can also be examined for evidence.

The health worker can give you medicine to prevent a pregnancy or STD. The doctor’s notes could be used as evidence in court. There are also medicines that can protect you in case the rapist has HIV/Aids. They must be taken very soon after rape. Talk to the health worker about these medicines.

4. Write down everything you remember about the rape

This will help you if you decide to report it to the police. Ask someone to help you if you can’t write.

5. Decide if you want to report the rape at the police station

It is best to report rape as soon as you can. It helps to have the report if you decide to lay a charge against the rapist. If you lay a charge, the police must investigate. A doctor must examine you and fill in a J-88 form. You will need this form as evidence in court.

6. Tell the police what happened

You can report rape by going to the closest police station. You can also report rape by telephoning the closest police station. If you report by phone, the police will send a police van to fetch you. However, because the police van may not be available immediately, you may have to wait a long time to be fetched. If you are badly hurt, you should call an ambulance directly or the emergency number instead (0800 150 150).

Usually, you are supposed to report rape at the police station closest to where the rape happened (which might be far away from where you live). However, if you have gone to another police station, the police are not allowed to send you away. 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.

Take someone you trust with you. 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.

The police officer will write down your story. It is called a statement. Don’t sign the statement until you agree with everything that is written down.

You need only give 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, before being taken to have a medical examination. You should try to give a detailed description of the rapist and where you last saw him immediately so that the police can try to arrest him as soon as possible.

You only need to give a detailed statement of what happened during the rape after the medical examination, usually a day or so later, when you have had some time. The detailed statement will be given to a detective (investigating officer) who will be the only police person to know about the details of the case.

When you give your statement, you should give as much detail as possible about what happened, especially on whether the rapist threatened you and whether he was violent. Make sure the police know if you think he knows where you live and if you are afraid he might intimidate you. This is important information that will help the court decide whether he should be granted bail or not, once he is arrested.

If the police arrest a suspect, they may need to hold an identity parade where you will have to point out the rapist if he is one of the people in the identity parade. If the police station has a two-way mirror, then this will be used for the identity parade. You do not need to touch the suspect and you should refuse to do so if anyone asks you to.
Keep your case number and the name of the police officer. Phone or visit the police station often to find our what is being done about your case.

7. If you lay a charge, your case may go to court

Unfortunately, it may take a very long time for your case to go to court for trial, and if the police cannot find enough evidence, the prosecutor may decide not to prosecute. If you have any complaints about how the police have dealt with your case, you should lodge a complaint. You can get help from any of the organisations that help survivors of sexual violence with preparing for the trial and with any other problems you may be experiencing.

On the day of trial, try to arrange with the prosecutor beforehand that you will arrive early and have a separate place to sit while waiting for the trial to start, as it is common for the rapist and his supporters to make comments about you within earshot and try to intimidate you in other ways. Some courts have separate witness waiting rooms that you can use instead of waiting in the corridor with the rapist and his supporters. If the court does not have a witness waiting room, ask the prosecutor to make another office available for you.

You will have to tell the court about everything that happened. The doctor who examined you after the rape will have to give evidence. The rapist’s lawyer may ask you hurtful questions. This can be very hard.

If the rapist is granted bail, the police must inform you, including the conditions of his bail. One of the conditions of bail is always that he will not be allowed to talk to you or threaten you in any way. If he does talk to you or if he breaks any of the other conditions, you must contact the detective dealing with your case immediately and make a statement about this.

8. Remember your rights

You have the right to see a police woman officer. You have the right to tell the story in a private room. You have the right to be treated with respect.  

What to do if someone you care about has been raped?

Let her tell the story. She may do this many times. Tell her you believe her and that she is not to blame. Stay with her, she must not be alone at this time. Be patient and understanding. Help her to take action, but don’t make decisions for her. Accept any decision she makes, even if you disagree with it. Go with her to the police, hospital or a women’s organisation. Talk to people at a women’s organisation. They will help to help her.

Forced sex is rape even if the man is the woman’s husband or boyfriend. It is rape even if the man has had sex with the woman before. It is rape even if he has taken her out and spent money on her.

Forced sex is rape even if the woman has flirted with the man. Flirting does not mean she agrees to sex. It is rape even if she says no but the man thinks she means yes. It is rape even if she dresses in short skirts or looks sexy.

Rape is painful, violent and it hurts. Many women feel guilty and blame themselves. Society makes them feel this way.
Survivors of rape can be frightened for a long time afterwards. They can become depressed and lose confidence. They often feel dirty and ashamed. They may find it hard to trust men or to be alone with them.
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