THE ROSE HAS THORNS: Report One

 

STORIES OF HATE CRIMES AGAINST BLACK LESBIANS IN SOUTH AFRICAN TOWNSHIPS

REPORT PREPARED BY DONNA A M SMITH,bbbbbbbbbbbbbbb
FOR FORUM FOR THE EMPOWERMENT OF WOMEN, APRIL 2005

BACKGROUND

Forum for the Empowerment of Women (FEW) (formerly Women’sForum) started in January of 2002 in response to the need for a social and political space for black lesbians in Johannesburg and its surrounding townships. FEW is a not for profit networking, support and empowerment organization, formed with the objectives of developing educational, social, cultural, political and economic programmes and initiatives that would serve to empower and support black lesbians in the Gauteng province, and address their many issues.

FEW’s flagship programme is “The Rose has Thorns”, an anti-hate crimes campaign, launched officially with a public rally on Freedom Day, April 27, 2003. This campaign fights against hate crimes directed at lesbians, and involves ictim support; community interventions; lobbying and advocacy, for anti-hate crimes legislation and a more effective response from the criminal justice system; research; and service provider training.

The campaign was born out of a workshop hosted by the gay and lesbian website organization, Behind the Mask, in September 2002 as part of the Lesbian and Gay PRIDE Community Programme. At that workshop, it became apparent that hate crimes against lesbians in South African townships are a problem of some significance, which requires urgent action. Subsequent investigations and interviews conducted by Zanele Muholi, Community Relations Officer for FEW, show that these crimes range from cold-blooded murder, to abductions, rape, and other more humiliating forms of sexual abuse.

During the course of these interviews and other interactions with women in the target group from September 2002 to date, the following themes were explored:

* The incidence, nature and types of hate crimes
* Victim and perpetrator profiles
* Contributory factors
* Implications for survivors, women at risk, and those who care about them
* Access to, and quality of, support for survivors and women at risk
* Possible strategies for addressing the problem

Research methods
The interviews were not formulaic, or academic in nature, and did not have any particular focus or expected outcomes. Rather, the approach was journalistic, with the emphasis being on exploring life stories, more than on getting specific pieces of information.

The other interactions took the form of workshops, life skills and self-defence training, and a limited amount of counselling and crisis intervention.


WHAT IS A HATE CRIME?

As there is no legal framework for dealing with hate crimes as a separate category, there is no legal or “official” definition of a hate crime, so FEW has been working with the following definition developed at the PRIDE workshop in 2002:

A hate crime is a wrongful act committed with the intent of causing harm to a person, or depriving a person of some right or benefit, because s/he belongs to a particular group.

The key features of a hate crime are:

v It is motivated by hatred – not of the individual, but of the group to which s/he belongs.
v It usually takes the form of a violent crime.
v Often it is more subtle: verbal abuse (name calling), psychological abuse, intimidation, etc.
v A hate crime can be State sponsored, such as when a lesbian reports that she has been raped and the police re-victimise her with their insensitive or homophobic behaviour.
v Many communities endorse hate crimes either actively, or by failing to provide emotional and other forms of support for survivors, and by not exposing or condemning the perpetrators.

RESEARCH FINDINGS

Muholi reports the following findings from fifty (50) interviews she has conducted:

Types of attack
Rapes: 22
Attempted rape : 5
Rape of relative: 1
Assault: 17
Verbal abuse: 8
Weapons used: 3
Abductions: 2

Victims/Survivors
Age range: 16 - 43
20 – 25: 27
over 25: 17
under 20: 6

Gender role identity:
“butch” : 33 “femme”: 8
neither: 9

Perpetrator relationship to victim/survivor
Friend/ neighbour: 12
Family: 10
Neighbourhood guys: 7
Girlfriend’s ex: 2
Stranger: 7
Gangster: 12

From this it can be surmised that rape is the most popular form of attack, followed closely by assault; that in most cases the perpetrator is in a reasonably close relationship to the victim; that masculine-looking women are more likely to be targets of attacks; and that young women under the age of twenty-five are particularly at risk.


MOTIVATION FOR HATE CRIMES

Perpetrators of hate crimes are driven by the need to punish and/or change the victim. Moreover, by virtue of the, often, close relationship between victim and perpetrator, there is ample opportunity for them to not only nurture their resentment of the victim’s lifestyle, but also to commit the harmful acts.

According to one, now remorseful, perpetrator:

“It happened in 1996 when me and three of my gangsters raped a lesbian friend of ours…. (my emphasis)
We all knew that she was a virgin but we wanted to prove her wrong – that she was not a man….
One day she came to us after school, to hang out like always…. We had already planned what we wanted to do…”


HEALTH CONSEQUENCES

There are a number of (short term and long term) physical health consequences of hate crimes:

§ Various forms of trauma and injury, sometimes leading to hospitalisation, sometimes death

§ HIV/AIDS and other STI’s

§ Pregnancy


The psycho-emotional effects are equally far-reaching, and include:

* Typical trauma symptoms – sleeplessness, nightmares, despair, fear, helplessness, anger, mistrust, sometimes violent, erratic, even self-destructive behaviour.
* Deepening of any subsisting gender identity crisis
* Secondary trauma of family rejection and blame, and of ridicule or judgment from police and other service providers
* Embarrassment and isolation
* Guilt, self-blame
* Alcohol and substance abuse becomes more likely
* Some commit, or at least attempt, suicide
* The survivor’s primary intimate relationship is often negatively affected

HEALTH CARE NEEDS OF VICTIMS

Like any other trauma victim, the hate crime survivor has real health care needs, including:

* Someone to talk to, ask questions of, so as to not feel so alone

* Guidance and advice re health and legal issues

* Medical treatment

* Counselling, trauma debriefing

* To feel cared for, and motivation to care for self

* Emotional and practical support from family, friends, structured groups

* A safe space for healing, such as a shelter, is often a priority

SERVICE PROVIDER RESPONSE

In contrast, the response of service providers often reflects the norms and prejudices of the society, hence:

The police:
• are apathetic at best
• sometimes are, or shield, the perpetrators
• are sometimes guilty of re-victimising survivors; while

Counsellors, social workers, health care workers:
• struggle with empathy
• often are uncomfortable, or feel inadequate, in relation to gay and lesbian people and our issues; and
• have little or no information about lesbian and gay resources


ROLE OF THE FAMILY

As appears from the research findings, family members often are the perpetrators or instigators of hate crimes against their lesbian and bisexual daughters, nieces, sisters or cousins. Where they are not, they certainly contribute to the trauma in that they
• Frequently blame, do not support, the victim
• Are usually embarrassed, affected by their own prejudices and disappointed expectations

There is usually a history of rejection and ill-treatment of the victim, who is often financially dependent on the family.


IMPROVING QUALITY OF RESPONSE

Service providers and caring professionals need to:
• Become visible and accessible. Hate crime survivors often have no idea where to turn for assistance.

• Be prepared to re-define core concepts, like marriage and family

• Be willing to learn about, and understand, lesbian experiences and issues

• Seek information about available lesbian(-friendly) resources – shelters, specialists, treatment facilities, etc – so they can give referrals.

Most importantly, government needs to develop policies which send a clear message to both perpetrators and service providers that hate crimes will not be tolerated, nor any failure or inadequacy of caring support that arises from prejudice and intolerance.

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Appendix: Recent cases
(Compiled by Zanele Muholi for Forum for the Empowerment of Women)

March 8, 2004
CASE NO.: 619/03/2004
There are three major cases that are recent, meaning that hardly a year has passed since they happened. Those are the cases of KS, an 18 year old that was raped last year in March by a male friend of hers. The matter went to court in her absence, the perpetrator was locked up for few days, and then he was released. The policeman in charge of the case did not inform KS about the proceedings of her case. When we called on 2nd February 2005, to check the development, we were first told that they could not trace KS’s case number. The second time we called, we were told that the person in charge of that matter was on leave. We asked for his cell phone number, but our request was refused with the excuse that they did not have the numbers.

Clearly, we were not being taken seriously and we were being dismissed. “How can the policeman’s colleagues not have the emergency number for a person who handles serious cases?” I asked myself that question. What if the rape survivor is being intimidated by the perpetrator and she needs to report that to the person in charge of the case? What is it that
the police need to see here? Do they need to see her being raped to death?

KS’s case is still left hanging and can’t be traced on system since their machines are either down or not available. Sometimes one calls the police station at 15:55 only to find that the person one is looking for is on leave or already knocked off.

Three months after KS’sexual assault, her perpetrator began to harass and terrorize her. She had to leave her township and reside at her friend’s place for protection as it was too frightening for her to see and be forced to interact with him. It is not over for KS because she may like to see justice done.

May 8, 2004
CASE NO.: …/05/2004
The second case of lesbian rape that I’ve recorded recently is that of a 16 year old pupil who lives in Ratanda. DM was raped by a man from the neighbourhood, who was a friend of her guy friend. In this case, too, the rapist is out, which has made her too scared to attend school and classes. According to the police system when we checked, there was no suspect registered. Despite the fact that the perpetrator was picked up by the police a few days after the matter was reported. When we asked about the person in charge of the case, he too was on leave, just like the first case (KS).

December 14, 2004
CASE NO. 573/12/2004
On the 19th of December, 2004, I headed to Eastgate to buy an audio cassette and batteries for recording another story of hate crime. It happened on Tuesday, December 14th, 2004 in Soweto, Meadowlands township. Ironically, T attended the Pride 2003 march where we protested hate crimes. At that time she did not know that something so terrifying and destructive would happen to her one day. As most people were preparing
themselves for December 16, our Reconciliation Day celebration in South Africa, a lesbian was up and down seeking for help to get proper treatment for her assault. At that time, she tried hard to deal with the trauma of being bashed and raped by a guy friend whom she had known for more than 5 years, someone whom she had treated him like a brother.

Unfortunately for her, trusting this man was a big mistake, as she became yet another statistic of hate crime.

This is how she told her story to me when she was still at the Chris Hani Baragwanath Hospital in Soweto:

”I was at the nearby tavern not far from my home, and my guy friend joined me as usual for some drinks. I did not suspect anything as the person was no stranger to me. I have known this guy for more than 5 years and my family is aware of our friendship too, so is his sister. I treat him as my brother, but what he did that night is unforgivable. As I left the tavern to buy cigarettes, he followed me. On the way, he started grabbing me, which was quickly followed by a smack and heavy blows. I asked why was he doing that? He told me that he wanted to sleep with me and he forced me to his home. When we got there he continued to bash me, I tried to fight back, but he was stronger than me.
He continued to beat me up until I was unconscious…. I really do not know what happened in that period. I only woke up the following day, undressed, with bruises and a painful body. For sure he did it, as he bashed me to force himself on me. I did not do anything wrong to deserve this. I asked for my clothes, but he refused to give them to me and gave me his instead. I dressed up and left his house to seek for help. All I needed was to see the doctor. He accompanied me halfway, and told me not to go to the police. He said he will take me to his doctor, but I refused the offer. He turned away. I then went to the police station to report the matter and was told to wait for the car to take me to
the hospital. But I could not wait for that as I was feeling pains, I then went to Bara where I was told to go to another department—Nthabiseng, which is a section where abused/ raped women are attended to. They treated me and gave me medication and the doctor filled in the form. I did not know exactly what was going on….”

The doctor’s note/ examination states that it was attempted rape and assault. T does not remember what happened, as she was unconscious. The other report says that she was given medication for women who have been raped. But all is a mess. The worst thing is that if the doctor’s note is not clear, it makes it hard for the matter to be successfully prosecuted in court, as the court is guided by the medical report.

Two days later when I was at the hospital to see T, she was in Maxillo section, where people with face injuries are treated. During the bashing, her teeth were knocked in and badly dented, and she needed surgery. The day before her discharge at the hospital, her mother was there to pick her up, but she had no money. I offered her some, still traumatized by the whole scenario. One day before Christmas, the rapist was arrested by the police, and her mother helped the police to pick him up.

Her perpetrator is now out on R3000 bail.

T is lucky enough that her mother is on her side, she knew what happened and gave her daughter support. The other two survivors did not have such luck. One lives with her grandmother who is in her 70s and frail. Her mother lives in a different place and does not even know whether her teenage daughter goes to school or not. She had only her other lesbian friends to turn to in order to talk about the rape, and for support. The other lives with her HIV positive aunt who has her own problems to deal with.

The problem that lesbian complainants / hate crime survivors are facing is that these rapists are people known to them. It is further victimization and terror to keep on seeing the person who has raped you, freely roaming the streets when you, as the person violated, is living in a state of fear, of not knowing of whether he will assault you again.

All three cases are reported, but none know what the outcome will be, as the survivors cannot afford private lawyers and only depending on state representation.

With all these interviews, I have realized that rape is rape, lesbian bashing is a gender based violence. Women are raped, bashed, evicted from homes. Others are left with emotional scars forever, whether they report these crimes or not. Media people and journalists have become vultures, and simply want to report about these crimes as an issue of interest, as a sensation. Major steps needs to be taken to combat gender and sexual based violence, as our community is left with a lot of trauma, and the physical and emotional scars from within. Others still become infected with HIV as a result of this crime, and their lives are shortened severely.

This can make one feel regret for being a lesbian. Yet it is not a crime to be lesbian, it is human right! As women, as lesbians, as community members, we need help in order to combat these crimes before it is too late.

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