Punishment cannot solve rape scourge

Imposing the highest sentence on rape perpetrators is not the solution to the scourge of rape, says Justice Yvonne Mokgoro.

Speaking at Wits yesterday, Mokgoro the Chairperson of the South Africal Law Reform Commission said that "society was overly focussed on the severity of punishment meted to rape perpetrators, making our response rather reactionary."

She reiterated that while the courts are punishing perpetrators, this does not deter new incidents and fatal rape cases from occurring. Continued reports of criminal incidents of a similar nature suggest that the law on its own cannot transform communities and deliver the society envisaged in the country’s Constitution.

Mokgoro spoke after receiving her honorary doctorate of laws from the University where she also delivered a speech entitled Gender-based Violence: A threat to social cohesion at the Faculty of Commerce, Law and Management’s graduation ceremony on 26 March 2013.

According to Mokgoro, who served on the Constitutional Court from 1994 to 2009, South Africa needs a more proactive and developmental response in turning the tide on violence and crimes against women and children.

The current challenge which prevents women from being equal citizens of the country, enjoying their freedom, human rights and dignity, requires individuals, families, communities and all pillars of society to come together to understand the roots of rape and address the issues decisively and effectively.

The coming together of all parties is critical as we all stand to lose something if the status quo persists. 

“What is required is for government (to) open its mind and cooperate with civil society. Civil society has the capacity to reach into the furthest crevices that government cannot reach,” said Mokgoro.

She also said that business should commit its resources and be part of the solution because “without society there is no business.”

In her speech to students and guests, she questioned the extent to which institutions of power contribute to the poor treatment of women in society.

The lingering gender inequality on leadership positions in the corridors of power, in our boardrooms, “deprive South African society and young people of the opportunity to experience the leadership of women as equal members of society, equally worthy of respect and elevation to positions of power and authority.”

Exposure to women in power would enable “young people to deconstruct and reconstruct whatever skewed ideas of the role and worth of women that they might have learnt at home and from society.” 

While Mokgoro maintains that instant solutions such as punishment and castration of perpetrators are not the answer, what we say and do today will change South Africa.  “The golden thread lies in inculcating values of respect in each child – respect for other people’s dignity, respect of other people’s freedom of choice and respect for equality – values which are the founding principles of our Constitution.”

Click here to read her speech

Click here to read her citation