Sexual Violence & the law: In conversation with Attorney Mandla Matshiyane


Written by ubusha bami

July, 27, 2023

Hello, hello, Parents of Ubusha. Welcome to the dual podcast-article series in which we have a sit down with experts on sexual and reproductive health, and related issues. In this series our experts draw on their work and experience to give us reliable, accurate and scientifically-based information in an easy to understand way.   

In this month’s episode we speak to attorney Mandla Matshiyane. Adv. Mandla Matshiyane is an admitted attorney of the High Court in South Africa. He is a practising attorney with 6 years experience specialising in civil law and is director of M. Matshiyane Attorneys based in Mbombela, Mpumalanga.

Attorney Mandla Matshiyane believes in servanthood which is best expressed in his motto “The best by your side”.  Prior to joining the legal field, he practised as a pastor for a period of 10 years. Mandla Matshiyane finds pleasure in serving others, something that he does well. In this episode he speaks to us about sexual violence and what the law has to say about that.

We would like to thank Attorney Matshiyane for generously sharing his insights on this important issue. We hope parents, guardians and community members listening are now better equipped to support teens through this crazy thing called life.

Do enjoy.

Key Points

  1. Most sexual violence is perpetrated in the domestic space (usually the home) by persons known to the victim.
  2. There is a list of convicted sexual offenders –  the National Register for sexual offenders, which gives employers in the public or private sectors such as schools, crèches and hospitals the right to check that the person being hired is fit to work with children or mentally disabled people. The Register is not open to the public and is kept confidential. Anyone found guilty of sexual offence against children and mentally disabled people is put on the Register.
  3. The law in South Africa is always prioritizing the protection of the most vulnerable therefore sexual violence against women and children, as well as the disabled is not taken lightly.
  4. There is a lot that goes into the arrest, sentencing and rehabilitation of a person found guilty of sexual offense.
  5. The minimum sentencing for perpetration of sexual violence is 10-15 years, with the possibility of it being more and more server depending on the extent of the grievance other consideration.
  6. People who falsely accuse others of sexual violence can face legal chargers.
  7. Opening a case for sexual violence is better done as soon as possible, so that evidence can be gathered more quickly and accurately. However there is no deadline or cut off time for reporting – crimes committed do not lapse. An adult raped as a child can still report that in their adult years.
  8. It is important to have the conversation around sexual assault and violence with children without there being a crisis moment – do not wait for something to happen to create a space for honesty and safety in reporting. Raising awareness of such crimes as well as a culture of NOT victim shaming is important.
  9. Consent is of utmost importance – consent is considered seriously. Where there is no consent between people of appropriate age, there is abuse of power.
  10. Rape is when one party does not consent to a sexual act – consent can be given and withdrawn at any point.
  11. Child pornography includes images or description of a person, real or simulated, who is or who is depicted as being under 18 years engaged in sexual conduct, participating in or assisting another person in sexual conduct, showing body parts in a way that is considered sexually exploitation – those creating, sharing, owning or monetizing these images can all be persecuted.
  12. Parents need to be careful when sharing photographs of their children online as child predators may use those photographs.
  13. Sexual grooming perpetrators aim to build trust with the child, gain access to them, secure alone time. The intent is sexual exploitation and sexual abuse.
  14. Sexual violence is the conduct or acts contemplated in the definitions of “sexual conduct” and “explicit sexual conduct” that are accompanied either by force or coercion, actual or threatened, or that induces fear or psychological trauma in a victim.
  15. Rape occurs between spouses and romantic partners as well.
  16. Boys and men can be raped and sexually assaulted as well.
  17. If rape is suspected, get medical assistance as soon as possible – DNA is the main way perpetrators are linked to crimes of rape therefore do not bath or shower.

*This dialogue is based on the transcript of the interview with Attorney Mandla Matshiyane conducted on 23 July, 2023. The text has been edited and adapted according to length specifications, for increased readability and coherence from the original audio-visual recording. The full audio recording is available on the Ubusha Bami podcast, available on all streaming networks.

Reference:

  1. Image – https://pin.it/3fbnHyc

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