An evaluation of the implementation of National Instruction 3/2008 during the investigation of rape : a case study at Graaff-Reinet, Eastern Cape

Abstract

The South African Police Service has issued protocol and guidelines in relation to the content of the sexual offence statement checklist. These guidelines are attached as Annexure E to National Instruction 3/2008: Sexual Offences. An evaluation of the implementation of National Instruction 3/2008: Sexual Offences during rape investigations highlights the reasons it is important to adhere to the guidelines of the Sexual Offence Statement Checklist, as per Annexure E. Geographically, the study is in the Graaff-Reinet area. The participants included members from the first responding officers from the respective stations (Graaff-Reinet, Willowmore, Aberdeen and other stations) in the surrounding area, as well as Family Violence, Child Protection and Sexual Offences (FCS) investigators from both Graaff-Reinet and Willowmore FCS units who attend and investigate rape cases. The researcher collected data by conducting interviews with participants, and by doing an analysis of closed-off rape dockets (at the hand of a checklist). This was done to answer the following research question: To what extent are the prescriptions highlighted in sub-sections 9 and 18 of National Instruction 3/2008: Sexual Offences, being complied with by investigators taking the statement from the rape victim? The data was compared to the guidelines as contained in Annexure E: Sexual Offence Statement Checklist, to identify how the existing guidelines are adhered to, and where there is room for improvement. The study highlights gaps pertaining to the knowledge of the participants. Recommendations are provided by the researcher.