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This Is What Rape Culture Looks Like

As many of my readers may recall, I recently posted a piece on rape culture – explaining the phenomenon of rape culture and naming examples of it. For those who have not read the piece, and want to catch up, click here. For those who would rather not read my previous piece, here is a short summary:

Rape culture refers to a mind-set regarding rape that any group of people may share. It manifests in situations where rape or sexual assault are normalised. Victims are not taken seriously, are shrugged off or even blamed. There is often talk of “revealing clothing” and “men's rights”, shifting blame away from the (generally male) perpetrator.

I believe many of us agree: rape is not okay. So why, then, does the governing party in South Africa, the African National Congress (ANC), seem to be sending out a different message? It is very easy to say that rape is wrong, but actions are the things that count. Unfortunately, the actions of the ANC imply rather strongly that they are willing to turn a blind eye to rape and sexual assault.

In 2005, our very own president was accused of rape. In 2006, he was acquitted on the basis that there was not enough evidence to prove that the sexual act was not consensual. It is during the investigation into these charges that Zuma admitted to having sex with the HIV positive victim, but claimed that showering afterwards reduced the risk of contracting HIV. Despite these allegations, Zuma remained deputy president of the ANC (a notable contrast with Marius Fransman being asked to “step aside” after similar allegations were made against him in 2016). Part of Zuma’s argument was that the victim had tempted him, supposedly sending him a sexual invitation by wearing flimsy clothing (a classic example of rape culture; a method of shifting blame to the rape victim).

Whether Zuma raped this woman or not, during the trial there was a horrifying lack of empathy for the victim. She was threatened by supporters of Zuma and even insulted for being a lesbian. This is one aspect of rape culture – this willingness to attack and degrade a rape victim to protect the abuser. There was a telling lack of outrage from within the ANC about this matter (just think back to Julius Malema's incredibly chauvinistic comments on the matter, made as the ANCYL leader at that time).

However, this article isn’t about Zuma. This article's focus is on Marius Fransman and Louisa Wynand. In January, Wynand accused the ANC Western Cape leader of sexual harassment after travelling with him and two other ANC members following a job offer from Fransman. In May, the National Prosecuting Authority (NPA) announced that it had declined to prosecute due to a lack of evidence - they have not been willing to explain the reasoning. The police, reportedly, only took a statement from Wynand three months after the complaint had been lodged. It is also reported that the police and a number of ANC members had pressured the complainant to drop the charges against Fransman, which she refused to do, even when reportedly offered R50 000 hush money.

Apparently, Wynand had been forced into sharing not only a room, but a bed, with Fransman. Before legal implications are even considered, the question arises: “Why was Fransman in a situatopn with a prospective employee that could easily be taken to be inappropriate?” Wynand appeared before the ANC Integrity Commission twice, where she told her side of the story.

This Integrity Commission is a recent concept, and is meant to protect the image of the ANC by ensuring that urgent action is taken against allegations of this sort... though it is apparently limited to fully non-binding recommendations. To me, though, the action taken seems rather delayed. For more details on the case, I suggest that my readers look at this.

For any decent human being who is not outraged by how poorly the system has treated Wynand, consider the fact that she was informed of the NPA's poorly explained decision not to prosecute via a WhatsApp message. She has subsequently stated that she is certain she provided enough evidence to warrant a court case, and that she will pursue other means of making her case heard despite the total lack of action from the NPA, police and the ANC.

Again, as in Zuma’s case, there are supporters of Fransman and the victim is being blatantly disrespected – everything from an attempt to bribe her to claims that her accusation is just a fabrication to suit some shadowy party's political agenda. I would also rather like to ask where the ANC Women’s League (ANCWL) was in this case. They have not made their voice heard. They are eerily quiet on the matter, where one would normally assume they would make a stand for women and women’s rights. Perhaps one should note that the current head of the ANCWL was the favourite candidate of the Premier League, an ANC faction that includes Fransman.

In this matter, I see ample evidence of the barbaric influence of rape culture. The victim is under attack; her credibility questioned openly and also by implication with claims of a political conspiracy. The investigation was dragged out, the prosecution abandoned before it ever reached the court of law. Wynand is not being treated with the sympathy and respect she deserves. In fact, it seems as if there is an attempt to hide her, to silence her.

Out of the 46000 cases of rape or sexual assault reported to the South African police in 2015, only 6000 resulted in convictions. “About 150 women report being raped to the police in South Africa daily. Fewer than 30 of the cases will be prosecuted, and no more than 10 will result in a conviction” according to the web-based journalistic platform The Conversation. How is our system failing women? And why? These are difficult questions to answer. But I believe, at least in part, it is due to rape culture. If we South Africans truly abhorred rape and sexual abuse, we would not allow thousands upon thousands of rapists and molesters to live free in our country.

This is an issue that I believe is not addressed by the powers that be in South Africa. I would like your help in raising awareness. You can help by sharing this article or webpage with those around you, possibly sharing your story with us in the comment section or by emailing me at vigilantvoicersa@gmail.com. Let us stand together to protect the rights we are promised by the Constitution of South Africa.

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