Challenges facing child victims in South African courts: an overview of the South African legal framework and the protection of such children, with a specific focus on courts in Durban, KwaZulu-Natal.

Abstract

South African children are most vulnerable to sexual offences and the high level of sexual violence against children in South Africa is of great concern. Currently, South Africa is facing the challenge of rising crime levels across most sectors of crime, but sexual offences affecting children are amongst the most predominant of the crimes facing the country. Delays in the criminal justice processes, as well as the re-victimisation of child victims, result in many sexual offences going unreported to the police. Therefore, many victims remain without justice. Some research indicates that child victims of sexual offences experience secondary victimisation when seeking assistance from the police, officials, criminal justice officials in courts and correctional services. This research study sought to investigate how (or whether) South African law protects child victims during the criminal justice process and to ascertain how it could be improved. The study discovered that the sexual offence of a child victim of a sexual offence is mostly perpetrated by people that children trust and are familiar with. Secondary victimisation is perpetrated by police officials when victims report the crime, health workers during medical examination, court officials during court proceedings and correctional officials when granting parole without liaising with all parties involved.