Mkhumla said at times such cases are withdrawn due to victims not remembering all the details of the attacks.
“These cases take long, and we are old and forgetful. A rape victim might forget things such as the time of the rape then the prosecutor and lawyer decide there is no case because the victim could not remember the time.
“That is why we have asked that a rape case involving elderly women must be argued and reach its finality within a short space of time.”
She said the forum was also concerned about bail granted to rape accused who during the trial stay in the same village as the victims.
“The rape accused gets bail and some boast in the community that ‘yes, I raped her’. That is traumatic for the women.”
Rapes of elderly women have over the years dominated headlines. Last month, a 92-year-old Jozini woman and her 12-year-old granddaughter were raped by an assailant who broke into their home in the rural area of Bhambanana.
“This is something we have never seen before. It’s tragic. What is even more shocking is that the culprit had gone on and terrorised other people,” ANC Nokuhamba Nyawo region spokesperson Sandile Sibiya said reacting to the rape.
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Elderly rape victims want to testify in camera
Image: Thuli Dlamini
Elderly women in the Eastern Cape have asked parliament to make it possible for older rape victims to testify in camera in court, as is the case with minors.
The plea was made by OR Tambo districts Older Persons Forum chairperson Nontobeko Mkhumla during a parliamentary public participation session on the Older Persons Amendment Bill in Lusikisiki this week.
Mkhumla said testifying about the nitty-gritty details of a rape in front of a court gallery and accused caused great discomfort and trauma for elderly women.
“The woman gets embarrassed when she must talk in public and face the young man who raped her.
“There is nothing the prosecutors and defence lawyer do not ask, they want all the finer details of the rape and for the victim this is a traumatic and sensitive to discuss in public.
“I would be happy if this bill would make a provision for elderly rape victims to testify in a private manner in court [testify in camera] so the victims do not get to face the accused or testify in full view of the public,” Mkhumla said.
The portfolio committee on social development, chaired by Nonkosi Mvana, has initiated a nationwide public participation process on the Older Persons Amendment Bill. It seeks to amend the Older Person’s Act to address its implementation challenges. It seeks to insert new definitions and provisions relating to the monitoring and evaluation of all services to older persons, to make provision for the removal of older persons to temporary safe care without a court order, to tighten up the existing implementation and compliance measures and to effect some text amendments for greater clarity.
Mkhumla said at times such cases are withdrawn due to victims not remembering all the details of the attacks.
“These cases take long, and we are old and forgetful. A rape victim might forget things such as the time of the rape then the prosecutor and lawyer decide there is no case because the victim could not remember the time.
“That is why we have asked that a rape case involving elderly women must be argued and reach its finality within a short space of time.”
She said the forum was also concerned about bail granted to rape accused who during the trial stay in the same village as the victims.
“The rape accused gets bail and some boast in the community that ‘yes, I raped her’. That is traumatic for the women.”
Rapes of elderly women have over the years dominated headlines. Last month, a 92-year-old Jozini woman and her 12-year-old granddaughter were raped by an assailant who broke into their home in the rural area of Bhambanana.
“This is something we have never seen before. It’s tragic. What is even more shocking is that the culprit had gone on and terrorised other people,” ANC Nokuhamba Nyawo region spokesperson Sandile Sibiya said reacting to the rape.
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