ZUZEKA MKRA STUDENT RETENTION UNIT (SRU) A FIRST-YEAR EXPERIENCE (FYE) INITIATIVE 28 AUGUST 2018 - Welcome to the gender based violence live ...
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Welcome to the gender based
violence live broadcast
ZUZEKA MKRA
STUDENT RETENTION UNIT (SRU)
A FIRST-YEAR EXPERIENCE (FYE)
INITIATIVE
28 AUGUST 2018
1
STUDENT RETENTION UNIT
(SRU)
in collaboration with
STUDENT DEVELOPMENT
As part of the
FIRST-YEAR EXPERIENCE (FYE)
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extended support for students entering ODeL
Providing
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Welcome our guest
presenter
Ms Lizette Le Roux
Manager: Student Social
Development
Directorate: Student
Development
Department: Student Affairs
10Sexual Harassment and Gender based Violence(SGBV)
Student Social Development
Student Development
Lizette Le Roux
Manager: Student Social
DevelopmentContent
• Background of SGBV
• The context of SGVB in HE,
– How Big is the Problem?
• Definitions and different forms of SGBV
• What legislation can protect you if you experience SGBV?
• Some effects of SGBV on you as student
• Levels on which SGBV operate
• What support is there at Unisa?Background and context of SGBV • Sexual Harassment and Gender based Violence (SGBV)on Campuses is common • 1994 elections was followed by formation Gender Equity Task team 1997 • 2008 more than a decade further a ministerial report released indicate pervasiveness of SGBV • 2013-2016 reports of SGBV incidences received from different universities • At Unisa, the Student Development also received complaints about incidences of SGBV • No suspected perpetrators founded guilty to date • Gender based Violence (GBV) is most often directed at women and girls as the obvious bearers of the female and feminine. Lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI+) individuals may also experience
How big is the Problem ?
• The South African Police Service in 2015/16 shows approximately 41 503 rapes to have been
reported that year
• This data showed that approximately 10% of adult rapes recorded that year were reported by students. Of
this group 10.6% of rapes were reported by female students and 3.3% by male students.
• Rape is considerably under-reported to the police. One population-based estimate is that only one in nine
women who had been raped and had physical force used against them reported the attack to the police.
• Research undertaken in Gauteng in 2009 found that almost one in 12 women in the province had been
raped, but that only one in 13 women raped by a non-partner reported the matter, while a scant one in 25
of women raped by their partners went on to approach the SAPS. Overall, the Gauteng study suggested
that one in four (25.3%) women interviewed had experienced sexual violence in their lifetimes, while 37.4%
men admitted to having perpetrated such violence.
• Intimate partner violence has been identified as the most common form of violence
experienced by women, reported in one survey by 13.8% of women as opposed to 1.3% of men.
Most recently, this was reported by the 2016 South African Demographic Health Survey as having been
experienced by 21% of women.
• There has been very little study of LGBTI individuals’ experience of GBV. One study that did attempt to
explore the extent of sexualised violence against lesbians comprised a convenience sample of 591 women
largely recruited by community-based organisations in Botswana, Namibia, South Africa and Zimbabwe.
This study found 31.1% to have had an experience of forced sex – 14.9% by men only,
6.6% by women only and 9.6% by both men and women.Forms of SGBV
• Physical, sexual, emotional and
psychological, as well as the economic.
• May vary across different societies and at
different historical points.
• The increasing availability and
sophistication of digital technologies, for
example, illustrates the need for
institutions to be alert to these changing
manifestations of violence and abuse in
order to ensure their responses remain
relevant and up to date.
• In South Africa, GBV has most often
manifested as intimate partner violence,
whether in short-term or more permanent
relationships; as well as sexual
harassment and assault, and rape. Our
law defines these behaviours as follows.Our law defines these behaviours as
follows.
• Intimate partner violence
• Intimate partner violence is one type of family violence dealt with by South
Africa’s Domestic Violence Act (DVA), 116 of 1998. Relationships
governed by the Act include “engagement, dating or customary
relationship, including an actual or perceived romantic, intimate or sexual
relationship of any duration” irrespective of whether these relationships are
heterosexual or same-sex.
• The Act also recognises that domestic relationships can exist between
people who share a residence but have no sexual or romantic relationship.
This brings both housemates and students in residences within the ambit
of the Act’s protection.
• The Act defines domestic violence as including, among other things,
harassment, abuse of a physical, sexual, emotional, verbal and/or physical
nature, stalking and intimidation, as well as any other form of controlling
behaviour.Forms continue…
• Sexual harassment and stalking
• Definitions of harassment are contained in South Africa’s equality and
labour laws. The Promotion of Equality and Prevention of Unfair
Discrimination Act (PEPUDA), 4 of 2000, addresses harassment broadly
and defines it as unwanted conduct which is persistent or serious and
demeans, humiliates or creates a hostile or intimidating environment, or is
calculated to induce submission by actual or threatened adverse
consequences.
• This conduct should be related to a person’s sex, gender or sexual
orientation. It can also be based on their membership or presumed
membership of a group identified by one or more of the prohibited grounds
(such as race or disability).Forms continue…
• Flashing
• Flashing is defined as exposing one’s genital organs, buttocks, or female breasts
to the view of others. Whether this is an offence will depend upon the context in
which such exposure takes place. Revealing these parts of the body can constitute
a legitimate form of protest or be sanctioned within particular cultural practices.
• Sexual assault
• Sexual assault refers to different forms of unwanted touching and sexual contact.
The SORMAA defines sexual assault as the unlawful and intentional sexual
violation of another person without their consent. Sexual violation includes any act
which causes direct or indirect contact between the genital organs or anus of one
person or, in the case of a woman, her breasts, and any part of the body of another
person or an animal, or any object, including any object resembling or representing
the genital organs or anus of a person or an animal. It can also include unwanted
kissing, as well as contact between one person’s mouth and the genital organs or
anus of another person, or a woman’s breasts. The unwanted masturbation of one
person by another also falls within the definition of sexual violation.Forms continue…
. Rape
• Rape is an unlawful and intentional act of sexual penetration with another
person without that person’s consent. Sexual penetration can be vaginal,
anal and oral. While acts of oral penetration are only considered rape
when penetration is accomplished by a genital organ, in the case of
vaginal and anal penetration, both penetration by any body part, or an
object, constitutes rape.
• South African law recognises that consent must be freely given and thus
distinguishes between submission and consentConsent is undermined under the following
circumstances:
• The use of force or intimidation by the alleged perpetrator against the complainant,
another person or the property of these persons;
• A threat of harm, real or perceived, by the alleged perpetrator against the
complainant, another person or the property of these persons;
• An abuse of power or authority such that the complainant is inhibited from
expressing her/his resistance or unwillingness to participate in the act;
• False pretences or by fraudulent means;
• The inability of the complainant to appreciate the nature of the act of sexual
penetration, including where the complainant is at the time of the commission:
• Asleep or unconscious;
• In an altered state of consciousness, including, but not limited to, under the
influence of any medicine, drug, alcohol or other substance, to the extent that
her/his ability to consent is adversely affected; or
• Mentally disabled.Which legislation can protect you?
The Constitution
• The South African Constitution is the highest law of the land and defines the rights to which
all citizens are entitled. In relation to violence, the following provisions of the Constitution
apply:
• Section 9: Everyone is equal before the law and has the right to equal protection and benefit
of the law. The state may not unfairly discriminate directly or indirectly against anyone on one
or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social
origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language
and birth. No person may unfairly discriminate directly or indirectly against anyone.
• Section 10: Everyone has the right to human dignity and the right to have their dignity
respected and protected.
• Section 12(1): Everyone has the right to freedom and security of the person, which includes
the right to be free from all forms of violence from either private or public sources.
• Section 12(2): Everyone has the right to bodily and psychological integrity, which includes the
right: to security in and control over the body; and not to be subject to medical and scientific
experiments without their informed consent.Which legislation can protect you from
SGBV?
The Promotion of Equality and Prevention of Unfair
Discrimination Act, 4 of 2000
• The Promotion of Equality and Prevention of Unfair Discrimination Act
(PEPUDA) addresses discrimination and harassment with the intent to
give effect to Section 9 of the Constitution. One of its objects is also to
comply with South Africa’s international treaty obligations, including
CEDAW.
• PEPUDA prohibits discrimination of any kind on the grounds of sex,
gender or sexual orientation and makes clear that GBV is considered a
prohibited form of discrimination. Its provisions have broad application that
extend beyond the workplace and thus place a duty on universities and
colleges to promote equality.Which legislation can protect you?
Criminal Law (Sexual Offences and Related Matters)
Amendment Act, 32 of 2007
• The SORMAA is now the main body of legislation dealing with sexual violence against both
adults and children. It sets out comprehensive definitions for a range of sexual offences, from
flashing to rape. In relation to rape, institutions must take into account the Act’s recognition of
how an abuse of power or authority can undermine consent. Depending on the
circumstances, this may mean that quid pro quo harassment, which entails the denial of
particular resources such as improved marks, access to a residence, or the offer of a job or
promotion unless sex is acceded to, can also be dealt with as rape.
• The Act also introduces a supportive structure aimed at ensuring its effective implementation.
This structure encompasses the establishment of an Inter-Sectoral Committee, the adoption
of a National Policy Framework (NPF) for the Management of Sexual Offences and the
development of national instructions, directives and training courses for police officials,
prosecutors and medical practitioners dealing with sexual offences. Importantly, the NPF also
places certain duties on DHET in relation to sexual offences (outlined later in this framework).Which legislation can protect you ?
The Domestic Violence Act, 116 of 1998
• The DVA was enacted in response to the prevalence of domestic violence in the country and
aims to afford victims of domestic violence the maximum protection from domestic abuse that
the law can provide. The DVA creates a protection order that prohibits the abuser (or
respondent) and anyone acting on their behalf from engaging in acts of physical, sexual,
emotional/psychological and economic abuse. Violation of any of the terms of the order
constitutes contempt of court and may lead to the respondent’s arrest.
The Protection from Harassment Act, 17 of 2011
• The DVA and the Labour Relations Act provide a measure of protection from abuse and harassment to
family members and employees respectively. The Protection from Harassment Act seeks to provide
remedies to those not covered by these two Acts. Like the DVA, the Protection from Harassment Act
provides a civil remedy that prohibits the respondent, or anyone acting on their behalf, from engaging in
behaviour prohibited by the court. The Act also introduces important protection from digital forms of
harassment.
•Some effects of SGBV • Physical: Bruises, Bruises on or around the eyes, Red or purple marks at the neck, Sprained or broken wrists, Chronic fatigue, Shortness of breath , Muscle tension, Involuntary shaking, Changes in eating and sleeping patterns, Sexual dysfunction, Menstrual cycle or fertility issues in women. • Mental effects Post-traumatic stress disorder (PTSD), including flashbacks, nightmares, severe anxiety, and uncontrollable thoughts, Depression, including prolonged sadness Anxiety , Low self-esteem and questioning sense of self, Suicidal thoughts or attempts, Alcohol and drug abuse • Educational Anxiety, Depression, Concentration , Lack of Focus, Direct academic problems, Fearful, Unmotivated
Some effects of SGBV
• Emotional and spiritual
– Hopelessness
– Feeling unworthy
– Apprehensive and discouraged about the future
– Inability to trust
– Questioning and doubting spiritual faithLevels of intervention • Personal • Interpersonal • Institutional • Cultural
What support is there at Unisa
• Reporting to a Unisa official in Student
Development
• Health and Wellness assessment
• Referral to a health professional
• Counseling
• Student Code of Conduct
• Draft Policy on Student Sexual
harassment in Student Development and
the Office of the Dean of Students
• Life LineHow to contact Student Social
Development?
You can contact the Manager Student Social
Development:
Ms Lizette Le Roux: lrouxl@unisa.ac.za
Unisa Florida Campus
Office: Phapha Building, 3rd Floor, Room 3-005
Social media: @UnisaStudentHealthandWellness31
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