TYPES AND PREVALENCE OF SEXUAL ABUSE OF CHILDREN
Joan van Niekerk, Childline South Africa
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The publicity around the rape of baby Tsepeng highlighted for Government and the general population of South Africa a problem that workers in the field of child abuse – particularly child sexual assault – had been attempting to draw attention to for some time - the increased incidence of reported child sexual abuse and the declining average age of the sexually abused child.

However the response of government to the rape of this and other infants and the issue of sexual assault of children generally has remained knee-jerk and resulted in misdirected and unfocussed “hype” and a number of uncoordinated and poorly planned processes to understand and deal with this problem.

THE ISSUE OF PREVALENCE OR HOW MANY CHILDREN ARE AFFECTED

The frank response to this question is – “we simply do not know”. On 15th May 2002, the late Minister of Safety and Security Steve Tshwete gave the following figures in Parliament – During the period January to September 2001 15650 rapes of children were reported to the South African Police Services (SAPS). Of these 5859 children were between 0-11 years and 9791 were between 11-17 years. (SABCTV2, Morninglive, 15th May 2002, Report From Parliament)

How should we interpret these figures?
The following should be kept in mind when looking at these figures:

I. Many acts of sexual assault are never reported to the SAPS for the following reasons:
Many crimes against children, especially in rural areas, are seldom reported as children and even their adult caretakers simply do not have access to police stations and other points of entry into the criminal justice system.

As the majority of sexual crimes against children are committed within the family or immediate neighbourhood, family members of the child may block access to the criminal justice system.

Some families, especially those who live in poverty, may be persuaded or motivated to accept damages from the perpetrator and thus seek an alternative “solution” to the sexual assault on the child.

The child and or family may be intimidated and fear reporting to the criminal justice system. We come across gross acts of intimidation at Childline and also sometimes experience intimidation ourselves when we report incidents of abuse to the criminal justice system on behalf of a child or attempt to follow up a case where the investigation fails to progress.
Children, because of feelings of shame, guilt, loyalty to the family, financial pressures, etc may refuse or fail to disclose both the sexual abuse itself or who the alleged assailant is.
Some families/caretakers of abused children believe that reporting to the criminal justice system will traumatize the child further and not have a positive outcome, either for the child or for themselves. Sadly this perception often materializes. At a recent national workshop with senior personnel in the criminal justice system and others who work with sexually assaulted children, when asked if they would report the sexual assault of their own child to the CJS as it presently functions, there was unanimous agreement that they would seek an alternative solution.

Some communities have little faith and confidence in their local SAPS. Whilst this has been appropriately linked to political issues of the past, one cannot continue to ignore the continued problems that many communities experience with SAPS services. Reports of attending crimes scenes drunk, verbal abuse of complainants, using police vehicles for collecting alcohol from local shabeens, the lack of availability of senior personnel to address complaints etc continue.

II. Not all cases reported to the SAPS are recorded, let alone investigated. The following are some of the problems that Childline, assaulted children and the families/caretakers experience:

Police sometimes turn children and families/caretakers away stating that the assault is a domestic issue and should be resolved as such.

Where the assailant is a child or youth, families are often misinformed that nothing can be done through the CJS.

SAPS members are sometimes reported to accept the cases whilst the reporting adult remains with the child. The offender may even be “arrested” and placed in the police cells. The offender is later released and told to run away.

The problem of “missing” dockets remains of concern.

SAPS members are sometimes reported to participate in negotiating payment of “damages” as an alternative to continuing the investigation.

Although in theory only a prosecutor can withdraw charges or accept a withdrawal statement, SAPS members are frequently involved in this process.

It is therefore clear that official statistics may reflect a considerable understatement of the problem of sexual assaults on children and that studies that attempt to measure prevalence and incidence of child sexual assault are limited by the above factors. However it is essential to note that role-players working in the field of child sexual assault are overwhelmed by the increased numbers of children they are working with, the shrinking resources allocated to address the problem and the fact that many hours and resources are diverted away from direct management of the child in order to address the inadequacies of the criminal justice system.

TYPES OF SEXUAL ABUSE OF CHILDREN

According to Childline’s and other role-players experiences, children are exposed to every type of sexual abuse imaginable: rape, attempted rape, indecent assaults such as oral rape, anal rape, finger penetration, penetration with objects, fondling of the genitals and/or breasts, forcing or manipulating the child into fondling the genitals/breasts of the assailant, exposure to adult and child pornography, sexually suggestive remarks or language to a child, indecent exposure etc. Sometimes children are severely beaten or physically assaulted in the context of these assaults, or even killed to maintain the child’s silence.

Of concern are some the following trends:

After conducting an overview of statistics of reported child abuse over the last 10 years Childline has noted:

A massive increase in the number of reported cases of child sexual abuse - up by 400% over the past 8/9 years.

A decrease in the average age of the sexual assault victim. In 1991 the average age of the sexually assaulted child was between 10 and 12 years. Presently 50% of all children attending KZN’S therapy services after sexual abuse are under the age of 7 years.

A decrease in the average age of the sexual offender. In 2000, 43% of all cases of sexual assault reported to Childline nationally were committed by children under the age of 18 years. (Cawood, Unpublished research Paper, 2000)

An escalation of the use of brute force. Many of the sexually abused children attending our therapy centers are also severely beaten and physically intimidated by the person who has sexually assaulted them.

An increase in the reported incidence of gang rape. Recent research on gang rape conducted by Childline KwaZulu-Natal underlines the complex issues that accompany the management of this sexual crime against children and the traumatic inpact on the child. (van Niekerk, published in Children First, August 2002)

An increase in the number of children who present as HIV+ after a history of sexual assault. The criminal justice and health systems’ response to these children requires improvement. As yet the promise of Post Exposure Prophylaxis medication after Sexual Assault has not been implemented in the majority of our Provinces, there is no accepted protocol for the provision of this medication and there is no Voluntary counseling HIV/AIDS Protocol suitable for child victims of sexual assault. (Keke X., Children First, August 2002)

FACTORS THAT MAY CONTRIBUTE TO THE PRESENT INCREASE IN REPORTED SEXUAL OFFENCES AGAINST CHILDREN

Information in this section is supported by work and research with both victims and perpetrators of child sexual assault.

The socio-political history of the country has eroded family and community life. Apartheid laws, migrant labour practices, and the culture of violence that developed through the struggle for freedom have separated, disintegrated and distanced many families and communities. So many young people and young adults in disadvantaged communities have grown in up in situations of disadvantage, exposed to continuous and institutional violations of human rights, in the absence of complete family units. Most young people in disadvantaged communities were – and continuously are – exposed to acts of violence that, in order to survive emotionally and psychologically, create a blunting of affect and therefore a blunting of empathy for others.

Few of the offenders that Childline has dealt with over the years come from families that were intact. Typically the family life of many of these offenders is characterized by the disintegration of the family, and physical, emotional and/or sexual abuse of the women and children within the family unit. Particularly the family life (or lack thereof) of child offenders is characterized by severe emotional, relationship and/or physical deprivation. Many of these children lack guidance and control, the opportunities to learn family values, and the opportunity to learn relationship skills such as empathy, negotiating the fulfillment of needs via relationships, etc. Father figures and role models are often absent – if not physically then emotionally. (Dhabicharan, unpublished thesis, submitted July 2002)

The traditional methods of teaching young people responsible sexual behaviour have been lost and alternatives that are acceptable have not yet been integrated into the fabric of family and community life.

The media constantly reinforces a message that sexual expression should be free and unfettered by values, faithfulness and self-control. Even children from rural areas are exposed to messages that do not promote consideration for the sexual rights and safety of others.

The HIV/AIDS pandemic and the myths that accompany it have also contributed to the vulnerability of children. Many children are living with caretakers who are not biological parents, or living on their own as sibling groups. As access to social security is unavailable or difficult for many of these children, they are easily exploited sexually in exchange for the meeting of basic needs.

The pandemic of domestic violence is a contributing factor. Sadly Childline encounters many adult female victims of domestic violence who are, or have been, unable to protect their children from sexual assault from their adult partners.

Poverty contributes enormously to the sexual vulnerability of children. The absence of the child support grant for children over the age of 7 years is an iniquitous blight on family life for those families who live without an income and in poverty. Many children support their family, pay their school fees, have their uniforms and books supplied through sexual favours. The sexual exploitation of learners by educators remains largely unaddressed by the Department of Education.

The lack of/inadequate service delivery from all sectors gives the message to sexual offenders that they can continue to abuse with impunity and to families and children that they will not be protected. Childline has dealt with

- Many children and families/caretakers who have not been notified of court dates, resulting in charges being withdrawn. -
- Children and familes/caretakers who have not been able to access medical examinations for their children. -
- Children who have been assessed by police or medical staff as “not traumatized” and therefore a docket has not been opened leaving the child in clear and immediate danger. -
- Child victims who are not afforded the protection of bail and where existing bail legislation is not implemented appropriately. An example of this occurred when bail was granted to the rapist of a young child and the child was raped again to punish her because she disclosed. The rapist was again released on bail for the second rape. The child is now in hiding. -
- Children who have not had the advantage of the protective intermediary system when testifying in court. The intermediary system is often not made available to a young child to facilitate testifying against a sexual assailant because the magistrate/judge does not accept that testifying in the same court-room as the assailant is traumatic for the child. -
- Cases of sexual assault that are reported to the Department of Social Development sometimes take up to a year before any service is offered to the child and family. This results in children being left in vulnerable situations for long periods of time during which they are subjected to continuous acts of sexual and physical assault. -
- Instances in which the SAPS have not responded to an urgent request for assistance with respect to a victim who is in immediate danger -
. - Instances in which the various sectors fail to co-ordinate with each other and the sexually assaulted child is compromised by the lack of communication and cooperation of the different parts of the system.

The failure of the child protection system to protect children and the continuous struggle to motivate the system to take action saps the energy and resources of Childline. I can no longer count the number of children who have suffered acute secondary trauma at the hands of the systems that are failing them and who state that “I wish I had never told because what happened to me after I told was worse than the rape”.

Many of the sectors mentioned above, when they are confronted with the non- delivery of services, state that they struggle with a lack of resources, both material and personnel, lack of training, motivation and debriefing.

There is lack of financial support for the NGO Sector that works in the field of child sexual assault and provides essential services that contribute to the protection of vulnerable children. It is of enormous concern that NGO’s who provide the bulk of child protection services are poorly supported and subsidized. Early childhood education facilities that provide many infants, toddlers and young children with safe care and protection are closing because of the lack of subsidy. These facilities are essential for the protection of children from poorer families whose caretakers cannot afford alternative care. Projects that support preventive strategies are poorly resourced, if at all.

The constant criticism of the NGO sector by the Minister of Social Development is both demoralising and unfair. It must be noted that in KwaZulu-Natal the bulk of quality child protection services in the welfare sector are provided by resource-strapped NGO’s who work extensive hours for salaries well below those earned in the Government Department of Social Development. In fact referral to government welfare services in the Province is usually a last resort due to the unsatisfactory response. The lack of adequate resources compromises preventive programmes and contributes to the secondary victimization of the child.

The lack of service delivery, free schooling and employment opportunities for youth, especially those living in poverty, has resulted in many young people feeling disillusioned and disempowered. There has not only been an increase in child sexual assault but also an increase in gang rape in which children are targeted by youth gangs, separated from their friends and raped by a number of sexual assailants.

The Government has failed to accept, develop and implement the National Child Protection Strategy that was drawn up by a national group of experts in the child protection field representing all sectors of government involved in child protection as well as representatives of the NGO sector. This national strategy was developed by the National Committee on Child Abuse and Neglect and presented to the then Minister of Social Development in 1997. This strategy deals with both prevention and management of child abuse in all its forms.

Child Abuse prevention programmes have been based on adult premises about children’s ability to protect themselves, and have largely ignored long-term solutions that may prove more effective. For example programmes have focused on children saying “no” and being able to rescue themselves from vulnerable situations – both unrealistic when one considers the imbalance of power between children and their assailants and the universal norm of respect of children for adults.

South Africa has developed and inculcated a culture of human rights without a focus on personal responsibility for protecting the rights of others.

Programmes focus on the empowerment of women and the girl child without acknowledging the disempowerment and emasculation of the majority of men.

POSSIBLE SOLUTIONS TO THE PROBLEM

Childline does not believe that there is a quick fix solution to the problem of child sexual assault. It is essential that so called solutions are carefully researched before they are lobbied with the general public or put to decision makers. Because this is a field which arouses strong human emotion it is essential that proposals and decisions are carefully thought through and not “knee jerk” reactions.

However the following suggestions are put forward:
Law Reform – this process is well underway both with regards to the reform of the Sexual Offences Act as well as the Review of the Child Care Act. These law reform recommendations are well researched and have also explored international efforts to solve the problem of child sexual assault. However unless resources and political will are committed to the implementation of law, these acts will remain “paper tigers”. At present we have some progressive legislation already in place. However it is simply not implemented.

The development and implementation of a National Child Protection Strategy. At present there is no co-ordinated and comprehensive policy in place that facilitates the co-ordination of child protection work. Consequently efforts are piecemeal, resources are frequently wasted on projects that are not effective, or duplicate existing efforts etc. The various systems involved in child abuse need to develop and implement both intra and intersectoral management protocols so that each victim is appropriately managed and helped and the criminal justice system can achieve an improved conviction rate.

Roleplayers who work within the child protection system must appropriately selected for their roles, appropriately trained, and appropriately debriefed on a regular basis.

Role-players in the criminal justice system who fail in their responsibility to protect children through corruption, disinterest and carelessness must be held accountable for their failure and disciplined appropriately.

The performance of the criminal justice system in particular has to improve in order to restore public confidence, facilitate increased reporting, reduce secondary trauma to the children and families of children, and improve the outcome of cases.

Resources must be committed to projects that effectively protect children from abuse. However programmes should be carefully evaluated for their effectiveness

Resources must be committed to projects that effectively manage children after they have been abused.

Therapy must be offered to child victims of child sexual assault and other forms of child abuse, including male victims. Our research at Childline indicates that the male victim of childhood abuse and neglect is more likely to develop abusive behaviour during both child and adulthood. Services to child victims should therefore be made available and accessible to all who need them.

The Department of Education must be encouraged to:

- include in life skills education the teaching of child and human rights as well as impulse management and education on responsible sexual behaviour to all learners, both male and female at every level of the educational process -

- include in life skills training as well as across the curriculum information and skills training on responsible parenting -

- develop schools as centers of learning and protection for all members of the communities in which they are situated. Courses on parenting could be held for parents in the community. Child care could be provided on school premises. Early childhood education could also be offered -

- stem the tide of sexual assaults on school children by educators and learners via ensuring that a protocol for the management of reports of sexual assault is developed and properly implemented, and by ensuring that educators who sexually exploit learners are dealt with in the strongest possible way.

The development of positive family and community life and values should be encouraged via projects in communities affected by historical disorganization, violence and poverty.

Social security provisions must be developed for all children who are destitute, and made easier to access for all children who are deserving of this assistance.

Attention must be paid to the child sexual offender – it is essential to develop programmes and services for these young people who are usually the victims of abuse themselves. They should, whenever appropriate, be diverted from the criminal justice system in which they are subjected to further abuse and exploitation, and exposed to programmes specially designed to address aberrant sexual behaviour and assist in the development of responsible sexual behaviour.

Punishment of the adult sex offender has to be more appropriate. Correctional Services have few programmes to address this problem available in prisons or under community corrections. The sexual assault of prisoners is pandemic in South Africa’s prisons. Parole is extended to sexual offenders without proper assessment of their risk to the community or without programmes being put in place for their support and rehabilitation when they are returned to the community. Victims are not informed of release and thus are exposed to further risk. It is also unrealistic to believe that heavier sentences for convicted child sex offenders will stem the tide of child abuse. Minimum sentences legislation has been in place for several years in SA and we still experience a rising tide of reports of child sexual abuse. The conviction rate is, at best, 5% of all reported cases. It is therefore clear that most sexual offenders will never be held accountable for their abusive behaviour. However we do need to look at offender management strategies that encourage the acknowledgement of offending behaviour (this has the advantage also of saving the child victim the trauma of testifying in a trial) and also offer treatment possibilities.

BIBLIOGRAPHY

Cawood, L., ANALYSIS OF CHILDLINE SA STATISTICS 2000, Unpublished research, Childline Gauteng, 2001.

Dhabicharan, L., Unpublished thesis on Adolescent Sexual Offending, Submitted to the University of Natal Durban, July 2002.

Keke, X., HIV PREVALENCE IN CHILDREN WHO HAVE BEEN SEXUALLY ABUSED AND THE IMPACT ON THE FAMILY, published in Childen First, August 2002.

Van Niekerk, J., GANG RAPE OF CHILDREN: THE CONTEXT AND DYNAMICS OF GANG RAPE FROM A CHILD VICTIM PERSPECTIVE AND MANAGEMENT ISSUES FOR CHILD PROTECTION PROFESSIONALS, published in Children First, August 2002.

SA Law Commission Discussion Paper, Sexual Offences, published December 2001

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