After nearly eight years, the wheels of justice have gained momentum as the oldest sex abuse case in the country is expected to start trial in the Wynberg Regional Court next month. 

As the trial dates near, the sister victims of the “house of horrors” sex abuse case say they have hope and are relieved that there will be “no more hiding” for their perpetrators.

Lisa van der Merwe and her sister Claudine Shiels had taken their relatives to court retrospectively in 2018 for sexual acts which had allegedly taken place between 1974 to 1979. The abuse began at their home in Zeekoevlei, which the sisters referred to as a house of horrors, and it had torn apart an already dysfunctional family.

The trial, where the perpetrators are expected to plead, is set to commence on September 25. 

The men may not be named yet until they plead.

Shiels said: “This matter has dragged out for seven-and-a-half years because of the perpetrators’ battle to get lesser charges imposed, and they objected to a certain section of the Sexual Offences Amendment Act of 2007. They lost their fight in the High Court, then they lost in the Supreme Court of Appeal, and then the Constitutional Court threw out their appeal. 

“The spotlight on historic cases and some recent convictions that we know of is very encouraging. There is definitely a will to go after abusers and to no longer allow time to hide them. However, I do believe that the legal system has much improvement to make in how it deals with victims. Delays, poor communications, lost documents, and lack of feedback often lead to absolute despair by victims who can feel badly re-victimised.” 

The perpetrators had previously approached the Supreme Court of Appeal and Constitutional Court to amend the charge sheet.

They submitted that the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 was not applicable to the offences for which they were charged under the common law, as the act was not in existence when the offences were allegedly committed.

The courts dismissed these applications which resulted in the protracted delays before trial commenced.

In their fight for justice, Shiels said her sister and she have had tense encounters with roleplayers in the justice system but have remained resilient. 

“The Victim’s Charter of SA states that the victim must remain central to proceedings. This is often overlooked. My sister and I have had some tense situations with prosecution because we have refused to be forgotten, fobbed off, or ignored. We have had to remind those who fight for victims – and they do work very hard – that the Victim’s Charter exists and that it positions the victim centrally in the legal process,” said Shiels.

The sisters said they are ready for trial to start and want the truth and justice to prevail. 

“We have not come this far, seven-and-a-half years, to give up now. We know the truth, we will tell it, and we will be a voice for those bullied into silence, and we will speak to those who believe they can get away with abusing others: you cannot.”

Concerning historic rape cases and recent convictions, Women’s Legal Centre advocate Bronwyn Pithey said it was important to highlight that sexual offences do not prescribe, and there is no time limit within which a rape matter can be reported to authorities and for prosecution to be done. 

“If there have been delays in reporting the rape, the courts cannot draw a negative inference. This also very much counters the stereotype or myths that have been perpetuated for centuries. Which is that if a woman was really sexually violated in any way, she would immediately raise the ‘woman cry’ rule because if it was so bad or so important, there was the assumption that she would immediately raise the alarm. And if she didn’t, she was probably not telling the truth,” said Pithey.

Pithey added that many barriers still exist and hinder victims from coming forward, including a lack of understanding. 

She emphasised that cases can be reported at any police station, even if it is not close to where the incident occurred, and it is important when reporting the crime to say it is a sexual crime-related so that the victim is taken to a victim support room.

Pithey added that there should be more awareness so that communities and society respond in a way that is victim-centred and enables survivors by means of support instead of shaming and victim-blaming. 

“However, there must be a system that is receptive to awareness being created. The most effective deterrent to this crime is the knowledge that if you commit a crime of this nature, there will be proper investigations and there will be proper prosecutions. 

“The biggest problem in this country is the lack of detection, proper investigation, and the very low rate of prosecution,” said Pithey. 

chevon.booysen@inl.co.za

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