LACK OF ATTENTION TO OLDER CHILDREN AND ADULT WOMEN

South African government initiatives have tended to conflate the problems faced by women and children and hence to run together the solutions proposed to those problems. The summary of the National Crime Prevention Strategy, for example, lists one "priority crime" as "gender violence and crimes against children;" the specific initiatives described relate largely to children. Similarly, as noted above, the recent white paper on the health system does not separate women from mothers and children. Even those initiatives that appear to focus on women generally in practice are usually directed largely at young children: the Wynberg sexual offenses court, for example, has increasingly focused on cases of child sexual abuse; girls over fourteen and women are usually referred to the regular courts if they wish to pursue a case.126 Baragwanath medico-legal clinic similarly concentrates on cases of childabuse. There is a much stronger public consciousness of the problem of child abuse, reflected in the creation of specialized Child Protection Units within the police (of which there were thirty-five in May 1997, although their transformation into "FCS" units with a wider mandate is intended, as discussed above) and in legislation such as the Prevention of Family Violence Act, which provides for compulsory notification of the police if child abuse (but not rape of adult women) is suspected.127 As a consequence, pediatric cases are usually given much more attention than cases of rape or sexual assault of adults by medical, judicial, and police personnel; by the media; and by women themselves.

Without in any way wishing to deny the seriousness of child abuse cases or diminish the level of attention paid to them, Human Rights Watch believes the government should disaggregate the policy initiatives directed to gender violence generally and to violence against children. The problems faced by adult women and by children are different, and different approaches are needed to address them. Similarly, the problems faced by women because they are women are different from the problems faced by women if they are mothers. In the case of rape, the reported figures (while unreliable) indicate that teenagers and women under the age of twenty-five are most at risk; anecdotal evidence suggests that this group is also least likely to be focused on by special services and the most likely to be blamed for the violence to which they have been subjected (for wearing the wrong clothes, for example, or for being in the wrong places). A special initiative to assist these women and older children would be appropriate.

126 The Wynberg sexual offenses court, described in the Human Rights Watch report, Violence Against Women in South Africa (pp. 118-121), is the most high-profile attempt to improve court handling of rape cases. The Wynberg court has achieved a much higher conviction rate than other magistrates' courts, although there are questions as to the extent to which this is achievedby selecting those cases for the court that are most likely to be successful. The provincial department of justice has not carried out any official assessment of the court's performance, despite the fact that it is a most unusual commitment of state resources that deserves official assessment to determine whether it is worth replicating. Rape Crisis in Cape Town, a local NGO, is itself undertaking such a review. Interviews, Cape Town, November 18-19, 1996. 127 Section 4 of the Act reads: "Any person who examines, treats, attends to, advises, instructs or cares for any child in circumstances which ought to give rise to the reasonable suspicion that such child has been ill-treated, or suffers from any injury the probable cause of which was deliberate, shall immediately report such circumstances-(a) to a police official; or (b) to a commissioner of child welfare or a social worker referred to in section Child Care Act, 1983 (Act No. 74 of 1983)."