Gender-based violence (GBV) is the umbrella term for any harmful act that is perpetrated against a person’s will and that is based on the social differences between genders. Legally defined categories of GBV include:

• Sexual violence: rape, compelled rape or sexual assault, sexual assault, sexual harassment, trafficking, sexual exploitation.
• Physical violence: hitting, slapping, beating, stabbing, shooting.
• Emotional violence: psychologi
• cal and verbal abuse.
• Economic violence: restriction of movement, denial of resources, control of finances.
• Harmful traditional practices: child marriage, female genital mutilation, so-called ‘honour’ killings, non-consensual virginity testing.
• Technological violence & harassment: cyberstalking, revenge pornography, harassment, extortion, grooming.

All people have a duty to report suspected abuse against a person who is vulnerable such as children and youth, people with disabilities, or older people. Certain categories of people, such as teachers, social workers, health professionals, lawyers, ministers, traditional health practitioners and leaders, correctional officers etc, must report any suspected abuse or neglect of a child and children in need of care and protection and domestic abuse.

Cases of sexual assault or domestic violence can be reported at any police station, Thuthuzela Care Centre or other designated post-violence care facility.

Not reporting if you know or suspect abuse is an offence.

Domestic violence is violence within a domestic relationship, such as marriage, living together, or family. Domestic violence also applies in a close relationship, such as being in a romantic relationship or a friendship – either an actual or perceived relationship.

Domestic violence includes:

• Physical abuse
• Sexual abuse
• Emotional, Verbal or Psychological abuse
• Economic abuse
• Intimidation
• Harassment
• Sexual harassment
• Related person abuse (threatening or abusing someone’s relatives or friends)
• Spiritual abuse
• Elder abuse
• Coercive & controlling behaviour
• Exposing a child to domestic violence

People experiencing domestic violence can apply for a Protection Order:

• Any person of any age can apply for a protection order.
• Children do not need consent or help from their caregiver to apply.
• Social workers, care workers, doctors, teachers or nurses can apply for protection orders on behalf of victims with their written consent.
• Protection orders can be applied for at a magistrate’s court or at a police station if it is after hours or online at www.justice.gov.za.
• If the victim shares a home with the abuser and fears being harmed, they can apply for a Safety Monitoring Notice at the same time.

Call Childline on 116 to report child abuse. Children can also call this number.

Anyone who has experienced rape and sexual violence has the right to:

• Free healthcare
• Counselling
• Legal assistance

Survivors do not have to report the incident to the police or have a case number to get these services.

Health care for survivors includes:

• Post-exposure prophylaxis (PEP) to prevent HIV (within 74 hours)
• Emergency contraception to prevent unwanted pregnancy (within 120 hours).

When reporting GBV at the police station, police officers must:

• Attend to the victim immediately
• Open a case, no matter where the incident happened
• Transport the victim to a medical facility for care, forensic examination and treatment of injuries.
• Not discriminate against a victim if they are under the influence of drugs or alcohol, are sex workers, from the LGBTQI+ community or not South African.
• Treat all survivors with respect, empathy and professionalism

If survivors face legal issues or their rights are violated, they can access free legal advice from Legal Aid South Africa, call 0800 110 110 or visit probono.org.za.