‘Rape is an offence, just like murder’: More than half of all statutory rape cases withdrawn

Parliament’s portfolio committee on police warned this week that inefficient policing and underreporting are undermining South Africa’s fight against statutory rape and gender-based violence (GBV).

Speaking during the committee’s Statutory Rape Inquiry meeting with the South African Police Service (Saps) and the Civilian Secretariat for Police Service (CSPS) this week, chairperson Ian Cameron said persistent shortcomings are unacceptable given the police’s central role in securing justice for rape victims.

He acknowledged planned investments in DNA infrastructure and a laboratory expansion in Mpumalanga, but said pragmatic solutions are urgently needed in a country with high levels of rape and statutory rape.

The committee also voiced concern about widespread underreporting of statutory rape and the withdrawal of cases.

Why cases are withdrawn

Police revealed that more than half (1 853) of the 3 232 reported cases of statutory rape opened between 2020-21 and 2024-25 were withdrawn.

Acting deputy national commissioner for crime detection, Lieutenant General Hilda Senthumule, emphasised that police officers are strictly forbidden from allowing anyone to withdraw a rape charge.

Because a rape docket constitutes a crime against the state rather than just an individual, legal protocol bars any complainant from dropping the charges.

Consequently, anyone who permits these cases to be withdrawn is acting unlawfully and must face disciplinary and legal consequences.

When asked about the reasons for withdrawing cases, she said some family members opted for alternative case resolutions.

“At times, it had to do with undue influence in relation to financial dependence on the perpetrator.

“In some instances, there would be threats from the perpetrator. And in some instances, there will even be claims, from the victims themselves, that it was consensual.”

Silence is also a crime

Senthumule added that silence is also a crime, pointing out that individuals who fail to report such cases face up to a decade behind bars.

She also confirmed there is currently no official police data tracking how many people have been charged for failing to report these crimes.

Senthumule noted that fear of social stigma often keeps victims and their families silent, particularly high-profile families desperate to avoid public shame.

She admitted that the police must become more proactive in tackling these crimes and lowering the barriers to reporting them.

The committee urged Saps to step up action against adults who fail to report such crimes and requested statistics on prosecutions or disciplinary measures taken for non-reporting.

Reasons for police’s inaction

In its presentation to the committee, the police detailed the core obstacles preventing the enforcement of mandatory reporting laws when adults rape minors.

They highlighted deep-seated ethical dilemmas, noting that teachers fear subjecting children to legal systems, medics worry about deterring victims from healthcare, and parents fear damaging family support networks.

Furthermore, the police pointed to harmful cultural traditions that validate abusers as legitimate partners, alongside economic dependencies that force victims into transactional relationships.

These issues are compounded by a fear of community stigma, a preference for informal resolutions, and a profound lack of trust in a justice system often criticised for stalled cases and poor communication.

DA MP Dianne Kohler-Barnard described the underreporting as “terrifying” and asked, “Surely, they are as culpable?”

“I know of detectives who have gone out… money is exchanged, and cases are not opened, and these poor victims are left to fend, basically, for themselves,” said DA MP Lisa Schickerling.

“They are young children whose families are actually reliant financially on the perpetrator. I mean, that’s horrific, to think that you allow your child to be sexually abused because you have financial gain. Why are the police not arresting these people? It is really a concern.”

Where is the justice?

Deputy Police Minister Polly Boshielo said, “Normally, some people don’t even report it because it involves a minor.”

EFF MP Leigh-Ann Mathys demanded to know why government professionals, including teachers, social workers, and medical staff, failed to report cases of child rape they encountered.

“So when we come here, and we use culture [as an excuse], when we use that families are not protecting the children, let’s park that. What is the government doing? Because these kids, those who are pregnant, are encountering all these government institutions that are not doing anything about it,” Mathys said.

She pointed out that every time a child gives birth, the baby’s DNA serves as undeniable proof that a rape has taken place.

“I have never heard of any crime, even murder, where a family can decide whether a case can be opened or not. Because that is what we have reduced our girl children to in this country. We have reduced it to whether the family, or the community, wants to protect them,” said Mathys.

“Rape is not just a normal offence. It is an offence just like murder.

“When they see a dead child in school, do they decide, ‘Oh, I must not get involved, it is a family issue’? No, it doesn’t happen. But we can do that to girl children who are giving birth, who are unable to protect themselves. It’s shameful. It’s extremely shameful.”

Community reach as a response strategy

Major General Leon Rabie, the head of strategic management at the police, acknowledged that underreporting remains a major issue, especially in vulnerable communities.

“To address this, Saps uses multiple community engagement platforms that include community policing forums, faith-based organisations, ‘Community in Blue’ initiatives, as well as GBV (gender-based violence) brigades and public imbizos.

“These platforms are aimed at building trust, raising awareness and encouraging victims and communities to come forward.”

Policy can’t be ruled out

Committee members called for intensified public awareness campaigns across relevant departments to reduce barriers to reporting.

They criticised the CSPS for lacking a clear, dedicated policy framework on policing statutory rape, saying that the absence of a focused policy hampers coordinated, strategic law-enforcement responses.

The committee instructed the CSPS to conduct comprehensive research to identify gaps, trends and best practices that would better equip Saps to prevent, investigate and prosecute statutory rape.

It stressed that evidence-based policy interventions are essential for strengthening the criminal justice response and protecting vulnerable children.

Shortages of tools and resources for Family Violence, Child Protection and Sexual Offences (FCS) units were also highlighted.

Intervention

While Saps has pledged to review resource availability, the committee said immediate intervention is required to ensure FCS units are properly equipped and can respond effectively.

The availability of rape kits for collecting buccal samples was singled out as an urgent gap across the criminal justice value chain.

The committee further pointed to a shortage of detectives in FCS units. Although Saps indicated additional detectives will be allocated, the committee said sustained investment in skilled investigative capacity is needed to improve GBV and statutory rape investigations.

Low conviction rates in statutory rape cases remain a major concern.

“The lack of convictions undermines the drive to ensure accountability for perpetrators,” Cameron said.

The portfolio committee on police said it will continue oversight of Saps and relevant stakeholders to ensure the problems affecting investigations and prosecutions of statutory rape are addressed, and that protecting children, supporting victims and holding perpetrators accountable remain national priorities.