Abstract:
Forensic evidence such as DNA has become a crucial tool in criminal investigation, particularly in rape cases. The analysis of DNA evidence can provide important information that can help identify a suspect, link a suspect to a crime scene or victim, and exonerate innocent individuals who may have been wrongly accused. Therefore, the aim of this study was to critically analyse (DNA) evidence during rape investigations in the selected Local Municipalities of Northern Cape Province, South Africa. Moreover, the objectives of this study were four-fold, designed as follows: 1) To assess the use of DNA evidence during rape investigations in the selected Local Municipalities of Northern Cape Province, South Africa; 2) To detail selected sources of DNA evidence during rape investigations in the selected Local Municipalities of Northern Cape Province, South Africa; 3) To maintain chain of custody for rape DNA evidence in the selected Local Municipalities of Northern Cape Province, South Africa; 4) To develop a conceptual model for preserving DNA evidence during rape investigations in the selected Local Municipalities of Northern Cape Province, South Africa.
The qualitative research approach was adopted. It was supported by phenomenological research design. Five police stations formed part of this study, namely: Kimberley Police Station, Jan Kempdorp Police Station, Galeshewe Police Station, Roodepan Police Station and Pampierstad Police Station, under the Sol Plaatje and Phokwane Local Municipalities respectively. This study used the non-probability: Purposive sampling to select the following subjects from its population: Twenty-Five Northern Cape SAPS investigators (Sample ‘A’), five participants, including three South African Police Service Forensic Specialists (SAPS FS) from the Forensic Science Laboratory [SAPS FSL], situated in Arcadia (Sample ‘B’) and two DNA specialists from the Council for Scientific and Industrial Research (CSIR), based in Pretoria, and 25 community members from the Northern Cape Province (Sample ‘C’). For data collection, unstructured Key Informant Interviews (KIIs) were employed for ‘sample ‘A’ and ‘B’ and Focus Group Discussions (FGDs), involving 25 community members, were used for sample ‘C’. Furthermore, simple observation schedule was also inducted to observe reactions of sample ‘A’ and ‘C’ through employment of non-participative observation schedule, as some significant information stemmed from outside the parameters of the conducted KIIs and FGDs, together with the documentary studies. The inductive Textual Content Analysis (TCA) was adopted to analyse the collected data. This study established that the shared sentiment by the DNA analysts, SAPS FSL and SAPS LCRC were common on the significance of DNA analysis during rape investigations, while some community members were not familiar with this
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technology. Therefore, selected study participants shared clarity on the fact that the DNA have countless successes and it is continuing to play a significant role during crime investigations in general, not only rape cases, but this forensic tool also helps the Criminal Justice System (CJS) in other contact crimes like murder, Gender-Based Violence (GBV), robbery and theft, amongst others. Subsequently, the impact of DNA analysis in the investigation and justice space has been, still is and will continue being inordinate. The biggest challenge right now is the serious backlog caused by infrastructure and shortage of personnel; however, the government is currently addressing this and there has been progress though it is at a snail’s pace. The study also found that DNA evidence alone cannot determine whether a sexual act was consensual or not. Instead, it can only provide information about the presence or absence of bodily fluids and its origins. It is recommended that training of all officials handling samples or evidence (continuity of possession) be maintained. For this reason, it is important to collect, preserve and analyse DNA according to strict protocols and procedures. Importantly, the conceptual model for preserving DNA evidence during rape investigations in the selected Local Municipalities of Northern Cape Province, South Africa, consisting of Five (05) components is presented as a contribution to the new body of knowledge.