The justice department has launched an investigation to identify the core factors behind a worrying spike in the number of children accused of rape.
Its 2020/21 annual report on the implementation of the Child Justice Act highlighted that the total number of rape charges brought against children increased by 55% year-on-year.
This figure accounted for those who appeared for preliminary inquiries after laying of charges by accusers and not necessarily those who were finally charged.
Preliminary inquiries were held in terms of the Criminal Procedure Act to determine appropriate action when anyone under age 18 is accused of a crime.
The department’s annual report on the implementation of the Child Justice Act showed that during 2020/21, 53% of the children who appeared at preliminary inquiries were referred to the child justice courts for plea and trial. A majority of these were aged 17, followed by 16-year-olds.
In actual numbers, 1365 children appeared in preliminary inquiries for rape allegations during 2020/21.
All in all, children accused of rape contributed the most number of children finally charged for crime.
This figure stood at 1024 during 2020/21, compared to 751 for assault with the intent to do grievous bodily harm, 356 for murder, 319 for robbery with aggravating circumstances and 318 for housebreaking with the intent to steal.
“During this reporting period, rape was the top charge against children awaiting trial, and it contributed to a shocking 22% of the total number of new charges pending against children awaiting trial,” said the annual report.
“It is quite alarming that rape and murder were in the top three crimes as this means that the perpetrators of gender-based violence and femicide (GBVF) are getting younger to unfathomable age groups in South Africa.
“Interventions against GBVF must therefore start from early stages of development and be incorporated at elementary schools.”
Justice Minister Ronald Lamola has revealed that his department has instituted an investigation into rapes by children. Lamola detailed the information in a written reply in Parliament.
The probe is being carried in six provinces that recorded the highest numbers of children appearing in preliminary enquiries over rape allegations. These are Mpumalanga, North West, Limpopo, Eastern Cape, Free State and KwaZulu-Natal. Lamola said each of the provinces had “fully-functional” ,multi-sectoral Provincial Child Justice Forum carrying out the investigations.
“Each Forum will conduct an investigation to identify the core drivers of the high numbers of child sex offenders in its province so as to develop tailor-made interventions for prevention, response and care by the end of May 2022,” said Lamola.
“These plans must be correlated with the National Strategic Plan on Gender-based Violence and Femicide (NSP GBVF) (2020- 2030), which seeks to end GBVF and sex crimes in the country, whether perpetrated by adults or children.”
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