CAPE TOWN - In what has been described as a regression in the national fight against gender-based violence (GBV), a gag order has forced a 31-year-old woman not to talk about her alleged rape experience to anyone.
Fighting back, the Women’s Legal Centre (WLC) is expected to appeal the decision at Western Cape High Court on Friday.
The gag order came after the woman’s alleged perpetrator, her ex-boyfriend, approached the Cape Town Magistrate’s Court to silence her. The court ruled in his favour.
In 2015 the 31-year-old was allegedly raped by her ex-boyfriend while they were still in a relationship and spoke of the incident to close family and friends.
According to WLC attorney Chriscy Blouws, four years later she also shared her experience in a closed safe online messaging group that was designed to create solidarity and support to survivors of sexual assault.
“A third party took a screenshot of her messages and they were circulated without her consent, in which she speaks about her experience. She has never directly named him or posted his images on social media. He said he could tell she was talking about him. In November 2020 the alleged perpetrator then approached the Cape Town Magistrate’s Court to obtain a protection from harassment order against her which was granted,” Blouws said.
The court order says that the 31-year-old, in terms of the protection order, is prohibited from engaging in or attempting to engage in the harassment of the man or his related persons and enlisting the help of any other person to engage in the harassment of the man.
It further instructed that she should not commit any of the acts including emotional abuse and shall not disclose to anyone in any manner that the man allegedly raped her.
In a similar case in August this year, Anglican Church Reverend June Dolley-Major won a case to have a gag order removed at the High Court against her alleged rapist.
The move was hailed as a landmark case.
Blouws said they were appealing the magistrate court’s decision because the Domestic Violence Act and Protection from Harassment Act and courts are designed to protect vulnerable groups such as women and children, and not to further harm, silence and victimise them.
“We know that the criminal justice system and reporting mechanisms for rape survivors are flawed. There is a positive obligation and duty on courts to protect victims of sexual abuse,” she said.
According to Blouws the woman was disappointed and hurt by the order, which has contributed to anxiety and emotional distress from her sexual violence experience.
“This has affected her greatly, it is prejudicial in terms of her healing process, solidarity and support she has got until this stage. The court is silencing her after she has built courage over the years to finally talk about the ordeal.
“We want to understand to what extent a court is allowed to make this type of order and there is no evidence of the man being harassed by the client. We are hoping that the high court in making its determination will do so within the context of this second pandemic, which is GBV in the country,” she said.
Women and children rights group community activist Latifa Jacobs said alleged perpetrators approaching the courts to silence women has been occurring under the radar.
“Sometimes the victims are so traumatised that they don’t go ahead with the rape case especially if this was someone close or known to them. In this case the woman was first disappointed by what was supposed to be a safe and support structure where she shared her experience,” she said.
Advocacy group Ilitha Labantu spokesperson Siyabulela Monakali said the court order was setting a dangerous precedent as it means that alleged perpetrators of rape and violence against women will have the legal right to silence victims and survivors.
“They have the right to speak freely about their experiences as a form of healing and finding a sense of solidarity with other survivors and victims in an effort to eliminate the scourge of violence against women. Our courts provide the necessary legal instruments to which people can access justice, it is unfortunate that in such a case that right is taken away.”
Monakali added that the impact this could have going forward was that many more survivors will not have the courage to speak out against any and all forms of abuse.
Cape Times