Policing: Crimes against

Children Women and

Vulnerable Groups
Overview

Crimes against Children, Women and

Vulnerable groups/persons

1. International, National and

SAPS Obligations
2. Categories of crimes
3. Causes of Crime
4. Approach to crime
5. Role of SAPS
6. Proactive and Reactive Policing
7. Case studies 2
International Obligations

• Universal Declaration of Human Rights

(UDHR) (10 December 1948)
• UN Convention on the Rights of Children
• (20 November 1989)
• UN Optional Protocol to the Convention
on the Rights of the Child on the Sale of
Children, Child Prostitution and Child
Pornography (2002)
• UN Convention on the Elimination of All
Forms of Discrimination Against Women
(CEDAW) (18 December 1979)
• INTERPOL resolutions
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National Obligations

Example: South Africa

• Common Law Offences

• Legislation (Acts)

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National Obligations

South Africa: Common Law Offences

Examples:

• Assault
• Murder
• Kidnapping

• Rape
• Indecent Assault
• Incest
(changed as from 16 December 2007)
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National Obligations

South Africa: Legislation (Acts)

• Constitution of the RSA, 1996

• Domestic Violence Act, 1998
(Act No 116 of 1998)
• Criminal Law (Sexual Offences and
Related Matters) Amendment Act, 2007
(Act No 32 of 2007)
• Children’s Act, 2005
(Act No 38 of 2005)
• Child Justice Act, 2008
(Act No 75 of 2008)
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National Obligations
South Africa: Legislation (Acts)

• Films and Publications Act, 1996

(Act No 65 of 1996)
• Protection from Harassment Act, 2011
(Act No 17 of 2011)
• Criminal Law (Forensic Procedures)
Amendment Act, 2013
(Act No 37 of 2013)
• Older Persons Act, 2006
(Act No 13 of 2006)
• Prevention and Combating of Trafficking
of persons, 2013 (Act No 7 of 2013)
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SAPS Obligations:
National Instructions
National Instructions

• NI 7 of 1999 – Domestic Violence

• NI 3 of 2008 – Sexual Offences
• NI 2 of 2010 – Children in Conflict with
the Law
• NI 3 of 2010 – The Care and Protection of
Children in terms of the
Children’s Act
• NI 1 of 2014 - Protection of Older Persons
• NI 4 of 2015 - The Prevention and
Combating of Trafficking in
Persons8
Categories of crimes

Based on theme

• Person directed crimes

- assault, murder, etc
• Sexual offences
- rape, sexual assault, grooming, etc
• Illegal removal of persons / missing
persons
- kidnapping, abduction
• Electronic media facilitated crimes
- child pornography
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Causes of crimes

Important aspects

Identifying and explaining the causes

• Extremely complex

• Every case is unique - different set of

motivators and circumstances
• Individual
• Family
• Community
• Environment
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Causes of crimes

Person directed: Contributing factors: eg

• Lack of respect for another person

• Defining gender roles
• Expectations within relationships
• Imbalance of power and control in a
relationship/establishment of dominance
• Views “women & children = property”
• Violence as a way to resolve conflict
• Cycle of abuse
• Substance abuse
• Etc
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Causes of crimes

Sexual Offences: Contributing factors: eg

• Restore or gain power

• Revenge/punishment (anger/rage)
• Myths
• Economic aspects - commercial sexual
exploitation
• Substance abuse
• Adult sexual/love relationships with
children
• Etc

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Approach to crimes

National (RSA)
• Multi-disciplinary approach
• Governmental Departments and Non-
governmental organisations (NGO,
CBO, FBO, etc)

International
• Interpol – Specialised Group on Crimes
against Children
• SARPCCO – Policing of GBV Training
• Police agencies
• Other organisations (UNICEFF, etc)
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Role of South African
Police Service (SAPS)

Proactive measures
• Prevention of crime
• Visible Policing
• Specific Programmes
(eg schools)

Reactive measures
• Investigation of crime
• Detective Service
• Family Violence, Child Protection ad
Sexual Offences Unit (FCS)
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Proactive measures

Role of SAPS

• Limited – most crimes committed in a

“closed” environment, very seldom in
presence of a witness

• Early identification important –

Removal of victim from abusive
environment - prevent further crimes

• Important to raise awareness

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Proactive Policing:
Raising awareness
Target

• Community (schools, NGO’s, CBO’s,

FBO’s, CPF’s)

• Other role players (Educators, social

workers, medical practitioners, etc)

• Special events – Child Protection Week,

Women’s Day, Women’s month, 16 Days
of Activism of No Violence Against
Women and Children
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Proactive Policing:
Raising awareness

Focus

• Preventative measures / safety hints

• Processes - report, investigation, court

• Legal aspects – crimes and remedies –

Protection Order, social services

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Proactive Policing:
Raising awareness

Methods

• Media reports/interviews
– printed, radio, television

• Verbal
- Talks, lectures, dialogues

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Proactive Policing:
Raising awareness
Special events

• Child Protection Week -End May/begin Jun

• Youth Say - 16 June
• Youth month - June

• Women’s Month - August

• Women’s day - 9 August

• 16 Days of Activism of No Violence Against

Women and Children
- 25 Nov - 10 Dec
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Reactive Policing:
Investigation
Family Violence, Child Protection and
Sexual Offences (FCS) Units

Sensitive service to the victims

• Detectives
- Investigate the case

• Forensic Social Work

- Provide specialised and expert
investigative support
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Reactive Policing:
Investigation: FCS Units
Investigation: Crimes

• Person directed crimes – assault, assault

GBH, attempted murder

• Sexual Offences – rape, sexual assault,

grooming

• Illegal removal of persons – kidnapping,

abduction, missing children

• Electronic media facilitated crimes – child

pornography - create, possess, distribute,
import, export 21
Reactive Policing:
Investigation: FCS Units
FCS Investigations

• Investigation of reported cases

• Identification, tracing and arrest of offenders

committing a series of crime, for example rape,
by focussing of the Modus Operandi, DNA leads
and linkages

• Identification and removal of children exploited

by means of electronic media, and the
identification, tracing and arrest of the
offenders (including relevant cyber crime, for
example child pornography related-crimes)
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Reactive Policing:
Investigation: FSW
Forensic Social Work (FSW)

• Social workers specialising in forensic

social work

• Conduct a scientific investigating

process of the reported crime committed
against a child by assessing the child by
means of specialised FSW knowledge,
skills and methods; obtaining statement
of a child, expert testimony in court

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Reactive Policing:
Investigation

Overview: Investigation

Basic principles of investigation

of crimes against children, women
and vulnerable persons (elderly,
etc)

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Reactive Policing:
Investigation

Reactive Policing / Investigation

Focus

• Reporting of crimes

• Initial investigation

• Follow-up investigation

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Reactive Policing:
Investigation

Reporting & first responses

• In person
Police station / FCS Unit / Detectives

• Telephonic report
Obtain details from the reporter
Dispatch a police vehicle / detective on
standby

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Reactive Policing:
Investigation

First Response

• Immediate attention

• Sensitivity

• Medical assistance

• Safety

• Detective / FCS member

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Reactive Policing:
Investigation
Interview reporter

• Privacy, eg victim friendly facilities

• Support person
• Provide information
• Details of case
• Processes
• Notice of available services in case of
sexual offence
• Protection Orders
(Domestic Violence, Harassment)
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Reactive Policing:
Investigation
Statements

• Record all information

Before, During and After the incident

• Elements of crime

• Preliminary statement

• In-depth statement

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Reactive Policing:
Investigation
Statements

• Language

• Record person’s exact words

• Additional statement to clarify child’s

terminology

• Child - Unable to verbalized details of

incident – Forensic social work
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Reactive Policing:
Investigation
Medical examination: Victim

Explain purpose
• Obtain written consent (SAPS 308)
• Accompany victim but not to be present
during medical examination

Inform victim:
• Purposes of medical examination
• Wash or bath once medical examination
is completed
• Return of all articles
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Reactive Policing:
Investigation
Medical examination: Offender

• Same principles as a victim

• Purpose
• Record of injuries
• Collection of physical evidence /
reference samples

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Reactive Policing:
Investigation
Offender

• Interview
• Same principles as a victim (privacy,
etc)
• NO NOT RUSH
• Alibi – follow-up
• Admissions/confessions
• Identification/linkage to victim/crime
• Modus Operandi
• Share information
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Reactive Policing:
Investigation
Criminal Law (Forensic Procedures)
Amendment Act, 2013
(Act No 37 of 2013)

Focus on taking of bodily samples from

certain categories of persons for the
purposes of forensic DNA analysis

Schedule 8 offences

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Case studies

Cases dealt with by members of the

Family Violence, Child Protection and

Sexual Offences (FCS) Units

Examples

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Media: Case

Rapist’s sentence extended to life

A 24-year-old man from Welkom has been

sentenced to life imprisonment after DNA linked
him to a rape incident that happened in 2012.
Tankiso Molejane was sent to jail by Magistrate
Bosile Lefenya for raping a 20-year-old woman in
December 2012 and further sentenced him to 15
years behind bars for robbery with aggravating
circumstances.

[New Age page 8] [31October 2016]

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Media: Case

Serial rapist nailed: cops praised

Police management in the Western Cape have

praised the work of detectives who managed to
track down and arrest the so-called UCT rapist
who was sentenced to nine life terms following
reign of terror during a four month long rape
spree. The Western Cape High Court sentenced 43
year old Mthunzi (Patrick) Hlomane to nine life
sentences after he had attacked six young women
near the Rhodes Memorial between November
2015 and February 2016. Evil rapist will rot in jail.

[Pretoria News page 4] [16 November 2016]

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Media: Case
De Aar police welcome life sentence for brutal
rapist

Police in De Aar have welcomed the sentencing of

a 28-year-old man for raping a 23-year-old in 2014.
Police spokesperson Capt Sergio Kock said the
victim was on her way home from a tavern in the
early hours of the morning when she was grabbed
and dragged by an unknown man into an unused
building near a railway stations. “The man beat
the victim with his open hands and fists before he
raped her and left her there without help,” Kock
said.

[New Age page 25] [18 November 2016]

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Media: Case
Court sentences East Rand serial rapist to
384 years imprisonment:

Terrorising communities on Gauteng's East Rand

for four years, the Johannesburg High Court has
sentenced serial rapist Lucky Simelane to 384
years imprisonment. The 33-year-old Simelane,
began his raping spree in 2010 until 2014. His
victims, aged between 14 and 49, were raped in
different areas including Alberton, Thokoza and
Palm Ridge. A simple trip to go buy food in Palm
Ridge with her siblings turned into a nightmare
for a young rape victim.

[SABC online 17:12] [19 November 2016]

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Media: Case

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Media: Case
Man pleads guilty to more than 18 000 child pornography
charges

Child rights activists are hoping for a lengthy prison term for a
Plettenberg Bay computer engineer accused of having links to a
horrific international baby pornography network. According to a
report on the IoL site, William Beale (38) pleaded guilty
yesterday to more than 18 000 charges of possession and
distribution of child pornography in the Knysna Regional Court.
Beale has entered into a plea bargain with the state which saw
him plead guilty to 18 644 child pornography charges and a
single charge of possession of dagga. He was arrested at his
seaside home on 13 January 2015 in an international police
operation called Cloud Nine. His involvement in the paedophile
network was first picked up by Belgian police.
The case against Beale was postponed to 30 June 2017 for
sentencing. Full report on the IoL site
Thank you
 Brigadier Anneke Pienaar

Family Violence, Child Protection and

Sexual Offences (FCS) Investigation Service
Detective Service
Head Office
Pretoria

pienaara@saps.gov.za
Office: +27 12 3934343
Cell/mobile: +27 82 778 5619
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