The Criminal Law (Sexual Offences and Related Matters) Amendment Act No. 32 of 2007(1) provides a legal framework for responding to sexual offences and an integrated response framework for victim-friendly service provision including the prescription of directives for the different actors within the criminal justice system. The National Prosecuting Authority has responsibility for witness preparation, prosecution of the offender and court-support referrals to health and social support services. Section 66 of the Act describes the way in which sexual offence cases should be dealt with in general, including the circumstances in which a charge may be withdrawn or a prosecution stopped (2).  Prosecutors’ decisions take place within a context determined by law and policy, institutional rules and practices, and what might be described as society’s unwritten rules for thinking about rape. In relation to the law, prosecutors work within the bounds determined by the Constitution(3), the Sexual Offences and Related Matters Amendment  Act, the Criminal Procedures Act, relevant case law and the common law. Prosecutors make the decision to proceed with reported rape case if there is prima facie evidence from the police investigation, or to decline to prosecute the case (nolle prosequi). If the prosecutor proceeds with the case, they should present it to the court on behalf of the state, cross-examine defence witnesses and assist the court in arriving at a just verdict. The prosecutor’s role also includes influencing the delivery of a fair sentence, based on the evidence presented and the sentencing standards outlined in Section 66 of the Sexual Offences and Related Matters Amendment Act.

View the complete Attrition of rape matters at the prosecution stage of the South African criminal justice system - Policy Brief