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Domestic Violence and Sexual Assault in South Africa: Closing the Justice Gap

Introduction

South Africa is rightly celebrated for having one of the most progressive Constitutions in the world. It guarantees dignity, equality, and the right to freedom from violence. Yet, when it comes to domestic violence and sexual assault, these promises often remain unfulfilled. Survivors face enormous barriers to justice, while offenders too often act with impunity. Gender-based violence (GBV) has been called South Africa’s “second pandemic,” and statistics reveal a crisis that cannot be ignored (United Nations, 2020). Still, within this challenge lies the potential for meaningful change. Stronger enforcement, targeted reforms, and active engagement from the legal profession can bring the country closer to a justice system that lives up to its constitutional ideals.


The Scale of the Crisis

The scale of GBV in South Africa is staggering. According to the South African Police Service (SAPS), over 53,000 sexual offences were reported between 2022 and 2023, with women and children making up the majority of victims (SAPS, 2023). Conviction rates remain disturbingly low, some estimates suggest that only around 7% of reported rapes result in convictions (Africa Check, 2017). The true extent of the problem is even greater, as research consistently shows that most survivors do not report offences due to fear, stigma, or lack of trust in the justice system (Jewkes & Dartnall, 2019).


Domestic violence figures are equally alarming. During the COVID-19 lockdown in 2020, the government’s GBV command centre recorded a 200% increase in calls for help within the first week (UN Women, 2020). These numbers are not just statistics; they represent women and children whose safety, dignity, and futures are compromised daily.


The Justice Gap

South Africa has a strong legal framework, including the Domestic Violence Act 116 of 1998 and the Sexual Offences and Related Matters Act 32 of 2007, yet implementation remains inconsistent. Survivors often encounter indifference when reporting to police, face long delays in under-resourced courts, and interact with prosecutors who are sometimes ill-equipped to handle the sensitive nature of GBV trials (Artz & Smythe, 2008).


The Constitutional Court has made it clear that this neglect is unconstitutional. In Carmichele v Minister of Safety and Security (2001), the Court held that the State carries a constitutional duty to protect individuals from violence. This duty was reinforced in later cases such as Van Eeden v Minister of Safety and Security (2003), where the Supreme Court of Appeal confirmed that protecting women from violent crime is a general State obligation arising directly from the Constitution. When justice is delayed or denied, constitutional promises are rendered hollow.


Why Neglect Fuels the Problem

Every time a case is mishandled or abandoned, it sends a message that domestic violence and sexual assault are not taken seriously. This normalises abuse, emboldens offenders, and discourages victims from seeking help (Vetten, 2018). The effects ripple beyond the individual, corroding communities, perpetuating gender inequality, and placing heavy burdens on healthcare, policing, and social services. Left unchecked, this crisis threatens the very fabric of South African society.


The Role of Lawyers in the Struggle

Government institutions carry much responsibility, but lawyers are also central to reshaping the fight against GBV. Through strategic litigation, they can hold the State accountable and ensure that constitutional duties are enforced, much like in Carmichele where legal advocacy drove systemic change. Lawyers can also provide pro bono representation to survivors who cannot afford legal support, helping them navigate a justice system that often feels hostile.


Beyond the courtroom, legal professionals have a role in advising on policy reform, drafting survivor-centred legislation, and ensuring enforceability. They can contribute to training police officers, prosecutors, and even community leaders on legal obligations and best practices in handling GBV cases. Finally, by partnering with civil society organisations, lawyers can help demystify legal rights and empower survivors to step forward. In short, the legal profession is not a bystander; it is an active participant with the power to close the justice gap.


A Path Towards Reform

While the statistics are sobering, they do not have to define the future. South Africa already has the legislative foundations to address GBV; what is required now is better enforcement and sustained commitment. Specialised GBV courts, consistent training for prosecutors and police, stricter bail conditions for repeat offenders, and stronger survivor support services such as counselling and shelters are all attainable reforms (Centre for Applied Legal Studies, 2021).


Legislation must also keep pace with new challenges, such as technology-facilitated abuse. Sentencing guidelines can be further strengthened, while ensuring survivors retain access to legal aid. Combined with the active involvement of lawyers, these steps can move the country closer to justice and accountability.


Conclusion

Domestic violence and sexual assault represent one of the gravest human rights crises in South Africa today. The lack of adequate prosecution and systemic neglect has allowed the problem to fester, leaving countless survivors unprotected. Yet there is room for hope. With a strong constitutional framework, a vigilant civil society, and a legal profession willing to lead the charge, meaningful reform is not only possible but already underway.


The challenge now is to turn laws into lived realities, ensuring that survivors are not failed by the justice system and that offenders face real consequences. South Africa has the tools; what is needed is the determination to use them. By doing so, the country can move closer to fulfilling its constitutional vision of dignity, equality, and safety for all.


References 


This article is authored by Megan Lombaard, Student from South Africa and Trainee of Lets Learn Law Legal Research Training Programme. The views and opinions expressed in this piece are solely those of the author.


 
 
 

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