THE recent high-profile and gruesome incidents of rape have fortunately pricked the nation's conscience.
Those who would otherwise rest on their laurels have taken up the cudgels to fight what is now aptly described as a scourge.
A number of anti-rape organisations have sprung into action. Protest marches are being held almost weekly.
Sowetan has long taken a stand against rape. Through our anti-rape campaign, we urge citizens to "take back your dignity".
There is also a debate about what to do with the rapists hellbent on destroying the lives of our toddlers, daughters, mothers, sisters, cousins, nieces and even grannies.
The law is already harsh. But not harsh enough, some say.
Currently, sentences can range from 15 years to life in jail.
A convicted rapist could be released on parole in the unlikely event that he did not commit the offence behind bars.
Once released, he could either continue to rape, or live a normal life and hope to be a father of, guess what, a daughter one day - assuming he had not been jailed for raping one.
In addition to stiff sentences, there is a sexual offenders register that has been established, ostensibly to name and shame - as if rapists are ashamed of their actions.
The crime of rape has gotten out of hand. I would be surprised if Chief Justice Mogoeng Mogoeng's conscience, in his quiet sleep, is not considering re-writing some of his judgments which were disturbingly lenient to rapists.
Now, North West premier Thandi Modise, herself a rape victim when she was 15 years old, has suggested the law is not harsh enough on rapists.
She believes rapists should be chemically castrated to tamper with their evil potency.
Speaking at a session of Sowetan Dialogues last week, Modise was unfazed about her stance.
"Something must be done to disable the tool of trade that rapists are using," she said.
Merely putting the rapists in jail, she argued, did not solve the problem as they continued to rape while there.
Speaking at the same event - which discussed the question of stopping the moral decay in society - Father Smangaliso Mkhatshwa, chairman of the Moral Regeneration Movement, mentioned how pre-1994 street committees, part of the anti-apartheid movement, kept communities safe.
He said back then, a person caught in the act could be stripped off his clothes. This served as a deterrent.
Mkhatshwa was not suggesting the return of that kind of justice, he was merely pointing out the seriousness with which society should regard the violation of human dignity.
Howeverthe mention of that kind of unconstitutional justice illustrates the deep sense of desperation to fix what Mkhatshwa described as a societal pathology.
But what are we to make of Modise's suggestion in her capacity as a private citizen?
There are obviously many people who would support her.
You only have to look at the placards of demonstrators outside courts whenever a rape suspect appears.
"Castrate him!", "He must rot in jail!", "Hang him!", "Bring back the death penalty".
Typically, the carriers of the placards are women who wear black, green and gold colours.
The only notable court case during which these placards were conspicuously absent was that which will remain South Africa's most famous trial in which galling stereotypes about women were ventilated without any recourse.
Anyway, the point is that Modise, who also has a dress coloured in black, green and gold, is not the only one demanding extraordinary measures against rapists.
The question is whether such a call is possible in terms of the law. I think not. I doubt if, when interpreted correctly, the Constitution would allow it.
At the heart of our Constitution is human dignity for all. The perpetrator enjoys no less right to human dignity than the victim. A murderer's life cannot be taken simply because he took someone else's.
I suppose the same logic would apply with rapists.
The fact that they raped does not mean that, constitutionally, society or the state will be able to take away his reproductive rights and dignity to which he is entitled.
Even suggestions by certain leaders that rape suspects must be denied legal representation would be illegal. Imagine what would have happened had this been the case when the famous rape suspect was hauled before the court!
Locking up the rapists is the only solution. But that requires an effective criminal justice system.
The failure - or the perception of failure - to put rapists to book is resulting in calls for illegal methods of punishment.
If the justice system is unable to show that it can deter potential rapists, concerned members of society and victims may feel justified to rape the system itself by implementing unconstitutional means to solve the problem.
And the day the victim becomes a rapist is the day our civilisation will begin to crumble.
.
When victims become rapists
THE recent high-profile and gruesome incidents of rape have fortunately pricked the nation's conscience.
Those who would otherwise rest on their laurels have taken up the cudgels to fight what is now aptly described as a scourge.
A number of anti-rape organisations have sprung into action. Protest marches are being held almost weekly.
Sowetan has long taken a stand against rape. Through our anti-rape campaign, we urge citizens to "take back your dignity".
There is also a debate about what to do with the rapists hellbent on destroying the lives of our toddlers, daughters, mothers, sisters, cousins, nieces and even grannies.
The law is already harsh. But not harsh enough, some say.
Currently, sentences can range from 15 years to life in jail.
A convicted rapist could be released on parole in the unlikely event that he did not commit the offence behind bars.
Once released, he could either continue to rape, or live a normal life and hope to be a father of, guess what, a daughter one day - assuming he had not been jailed for raping one.
In addition to stiff sentences, there is a sexual offenders register that has been established, ostensibly to name and shame - as if rapists are ashamed of their actions.
The crime of rape has gotten out of hand. I would be surprised if Chief Justice Mogoeng Mogoeng's conscience, in his quiet sleep, is not considering re-writing some of his judgments which were disturbingly lenient to rapists.
Now, North West premier Thandi Modise, herself a rape victim when she was 15 years old, has suggested the law is not harsh enough on rapists.
She believes rapists should be chemically castrated to tamper with their evil potency.
Speaking at a session of Sowetan Dialogues last week, Modise was unfazed about her stance.
"Something must be done to disable the tool of trade that rapists are using," she said.
Merely putting the rapists in jail, she argued, did not solve the problem as they continued to rape while there.
Speaking at the same event - which discussed the question of stopping the moral decay in society - Father Smangaliso Mkhatshwa, chairman of the Moral Regeneration Movement, mentioned how pre-1994 street committees, part of the anti-apartheid movement, kept communities safe.
He said back then, a person caught in the act could be stripped off his clothes. This served as a deterrent.
Mkhatshwa was not suggesting the return of that kind of justice, he was merely pointing out the seriousness with which society should regard the violation of human dignity.
Howeverthe mention of that kind of unconstitutional justice illustrates the deep sense of desperation to fix what Mkhatshwa described as a societal pathology.
But what are we to make of Modise's suggestion in her capacity as a private citizen?
There are obviously many people who would support her.
You only have to look at the placards of demonstrators outside courts whenever a rape suspect appears.
"Castrate him!", "He must rot in jail!", "Hang him!", "Bring back the death penalty".
Typically, the carriers of the placards are women who wear black, green and gold colours.
The only notable court case during which these placards were conspicuously absent was that which will remain South Africa's most famous trial in which galling stereotypes about women were ventilated without any recourse.
Anyway, the point is that Modise, who also has a dress coloured in black, green and gold, is not the only one demanding extraordinary measures against rapists.
The question is whether such a call is possible in terms of the law. I think not. I doubt if, when interpreted correctly, the Constitution would allow it.
At the heart of our Constitution is human dignity for all. The perpetrator enjoys no less right to human dignity than the victim. A murderer's life cannot be taken simply because he took someone else's.
I suppose the same logic would apply with rapists.
The fact that they raped does not mean that, constitutionally, society or the state will be able to take away his reproductive rights and dignity to which he is entitled.
Even suggestions by certain leaders that rape suspects must be denied legal representation would be illegal. Imagine what would have happened had this been the case when the famous rape suspect was hauled before the court!
Locking up the rapists is the only solution. But that requires an effective criminal justice system.
The failure - or the perception of failure - to put rapists to book is resulting in calls for illegal methods of punishment.
If the justice system is unable to show that it can deter potential rapists, concerned members of society and victims may feel justified to rape the system itself by implementing unconstitutional means to solve the problem.
And the day the victim becomes a rapist is the day our civilisation will begin to crumble.
.
Click here to pledge your support against rape
This article was first published in the printed newspaper and eEdition on 27 February 2013. Click on this link to view the eEdition
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