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Prompt medical attention can reduce the likelihood of HIV infection for rape survivors. The South African government has adopted a policy to provide this service, but its implementation has been rocky.

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In April , the South African government took the important step of pledging to provide the short and affordable course of antiretroviral drugs known as post-exposure prophylaxis PEP to survivors of sexual violence throughout the country. First developed for occupational exposures to HIV such as when health workers are accidentally pierced by an infected syringe , PEP has been the standard of care for occupational exposures and for rape survivors in industrialized countries for several years, and for occupational exposures in South Africa since South Africa's commitment to provide PEP to rape survivors represents a crucial step in its efforts to protect them from the consequences of sexual violence.

But there remain significant obstacles to rape survivors' ability to obtain PEP. Human Rights Watch found that government failure to provide adequate information or training about PEP or clear messages in support of PEP drugs significantly undermined access to this lifesaving service. Police, health professionals, and counselors working with rape survivors often lacked basic information about PEP, as did rape survivors themselves.


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As a result, many rape survivors did not get PEP simply because the various agencies charged with providing these services did not know that they existed. The national government's opposition to providing antiretroviral drugs in the public health system, including the health ministry's highly publicized resistance to providing antiretroviral drugs for prevention of mother-to-child HIV transmission, continued even after the government said it would provide PEP. In part due to this opposition, frontline service providers who should have been offering PEP services may not have done so, even when they had information about PEP.

South African law and policy provide a framework to facilitate the prompt and integrated provision of health and other services to children and other rape survivors. Human Rights Watch found that the failure of key service providers to follow these rules undermined rape survivors' access to PEP, at the potential cost of their lives. Police failure to provide prompt assistance to rape survivors in obtaining medical treatment, and therefore PEP, completely barred some rape survivors, including children, from obtaining PEP.

Medical staff refusal to treat rape survivors without police intervention also impeded access to PEP. Children faced particular obstacles in obtaining PEP services. This posed problems for children who attempted to get PEP unaccompanied by a parent or guardian and for children whose caretakers refused to consent to HIV testing and PEP, perhaps against the child's best interests.

At the time of this writing, national government guidelines for the administration of PEP to rape survivors do not cover children under fourteen, which leaves some health care providers with insufficient guidance regarding treatment of children.


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PEP was generally unavailable outside major urban centers, effectively barring PEP access for many poor, rural rape survivors. The obligation to ensure the right to the highest attainable standard of health and to protect women and children from violence and its consequences require that South Africa address obstacles to PEP access and implement its PEP program on an urgent basis.

PEP services for rape survivors are provided in Botswana and on a very limited basis in a few other southern African countries but across most of the continent have not even been considered at the policy level. This report seeks both to highlight obstacles to effective PEP provision in South Africa and their solutions and to illustrate lessons of the South African experience that may be useful for countries that are beginning to discuss or develop PEP services.

The plan confirmed the government's commitment to providing PEP and promised investment of substantial resources into upgrading the national health system, including training for health professionals on use of antiretroviral drugs. The government also committed itself to an extensive education campaign, including information about ARVs, as part of the plan. These are laudable commitments. But lessons from the PEP experience-which involves some of the same challenges as the bigger ARV roll-out, such as public education, combating stigma, a scientifically sound and constructive presentation of ARVs-must be learned and addressed.

If not, the PEP experience will not bode well for the larger treatment program. But commitment to PEP services at the policy level will continue to be compromised without measures to ensure their availability and accessibility to all sexual violence survivors, including children, on an equal basis. It must meet this opportunity by allocating significant resources to the task, including adequate funding to train police, health care providers and others likely to come into contact with rape survivors. To undo the damage done by their past denigration of ARVs, the president and health minister should also speak out strongly in support of PEP as a means of HIV prevention.

To ensure government provision of HIV post-exposure prophylaxis as part of a comprehensive package of care for sexual violence survivors, we urge that the South African government, donors, and regional and international organizations undertake the following actions:. Launch an information campaign to educate the public about PEP and its provision as part of a comprehensive package of services for sexual violence survivors.

The president, health minister and all other Cabinet ministers should take a leadership role in this campaign and provide clear messages supporting PEP services and the use of antiretroviral drugs to prevent HIV after sexual violence. This is essential to overcome the confusion and lack of confidence in antiretroviral drugs caused by misinformation about them.

National and provincial governments should work with the media and nongovernmental organizations to distribute materials in local languages and in a manner that is accessible to people with limited literacy skills. Provide PEP at all government health facilities used by the general population, including primary health care clinics.

If the PEP drugs are not available at the facility where a sexual violence survivor presents, require staff at the facility to assist the survivor in obtaining them, including by steering the survivor to the nearest facility where PEP is available. In urban and rural areas, continue to establish and fund multidisciplinary rape service centers that provide comprehensive support and treatment, including PEP services, voluntary and confidential HIV testing, testing and treatment for other sexually transmitted diseases STDs , legal assistance, and other appropriate counseling for survivors of sexual violence.

Ensure that personnel in facilities providing these services are trained to address the particular needs of children and young adults who survive sexual violence. Provide training on PEP and on sexual and gender-based violence to all key service providers, including police, teachers, health care providers, and social workers handling cases of sexual and domestic violence. Ensure as a matter of priority resources to enable training to reach all frontline service providers and not be limited to high-ranking individuals.

This training should include information about applicable law and policy and their implementation and include a particular focus on children. Ensure that all police officers frontline officers, as well as station commanders and police charged with investigating cases of sexual violence receive training on investigation of sexual violence cases. Staff police stations with social workers who can offer support services including counseling and transportation to PEP services and other necessary medical treatment to children and other sexual violence survivors.

In accordance with current proposals to amend the Child Care Act the Children's Bill , permit consent to HIV testing and medical treatment for children too young to consent on their own to be given by the parent, caregiver, a designated child protection organization, the head of a hospital, or a child and family court. This legislation must be passed urgently to ensure that all children have access to PEP.

In the interim, where consent to HIV testing and medical treatment cannot be obtained due to parental absence, unreasonable refusal or incompetence, put procedures in place to obtain consent promptly from another authority.

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Enact provisions in the Criminal Procedure Sexual Offences Amendment Bill requiring the state to provide prophylactic treatment for HIV and sexually transmitted infections, as well as other appropriate medical and psychological treatment to survivors of sexual violence; to amend the definition of rape to make it gender-neutral and to include situations in which a perpetrator coerces another to have sex by the use or threat of force or harm to that person or to his or her property, and to criminalize oral and anal rape; to place the decision to discontinue prosecution with the National Department of Public Prosecutions rather than with the police; to abolish evidentiary rules that devalue the testimony of sexual violence survivors and children such as corroboration and cautionary rules ; and to provide protection for vulnerable witnesses.

Clarify the responsibilities of the different departments that provide services for child survivors of sexual violence. Develop a binding mechanism to ensure effective coordination among all such departments, including implementation of sexual assault management policies, planning, monitoring and evaluation of services. Draft a national protocol on PEP provision for child sexual violence survivors under fourteen and distribute this protocol to all relevant provincial departments.

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Issue policy guidance that makes clear that provision of PEP in the context of sexual violence should be regarded as an emergency and that the medical superintendent should be permitted to consent to HIV testing and PEP on behalf of children under fourteen. Amend national policy guidance for PEP provision for sexual violence survivors to eliminate the requirement that an HIV test be necessary to receive PEP and to ensure that in seeking consent for an HIV test, the health facility must advise the survivor of this fact and otherwise inform the survivor why the test is being offered.

Monitor the progress made by provinces regarding implementation of PEP and provide guidance to them regarding improvements. Ensure that evaluation and monitoring of problems and progress is an integral part of national and provincial PEP programs. Ensure that accredited health care practitioners and other medical officers charged with forensic examination of sexual violence survivors have a reliable supply of drugs for PEP in cases of sexual violence and are trained regarding their proper use.

Ensure that health care providers are trained on the use of antiretroviral drugs. Institutionalize this training as part of state medical school courses.

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Develop and implement binding protocols for medical practitioners and health care professionals regarding appropriate steps to be taken when sexual violence survivors present themselves for treatment. Implementation should include training on the protocols. The protocols should provide that all sexual violence survivors be examined by a health care professional immediately after reporting the incident to the police or presenting at a health care facility for care, be informed of the risk of HIV infection as a result of sexual violence and where indicated, about the availability of PEP to reduce the risk of HIV infection.

Establish a national standard that requires that sexual violence survivors receive treatment by the same facility collecting forensic evidence and not be referred to another facility. Take steps to ensure that police are trained regarding PEP and the importance of prompt access to medical care so that rape and sexual violence survivors are referred to a facility where PEP can be administered promptly.

Together with the Department of Health, release and disseminate a clear policy statement that filing a police report is not a prerequisite to seeking PEP and other medical services following rape and sexual violence. Provide financial and technical assistance to civil society organizations offering PEP and other medical and legal services to rape and sexual violence survivors, including children, and contribute to training law enforcement, judicial and health care personnel.

Provide financial and technical assistance to strategies that facilitate rapid implementation of the government's commitment to provide PEP and related services to children and other rape and sexual violence survivors, and monitoring and evaluation of progress toward implementation. This report is based on a field visit to South Africa in May and June Human Rights Watch made additional contacts with key informants both before and after this period by telephone or electronic mail from New York.

These provinces illustrated a range of policy and program responses to sexual violence. Gauteng was important as a policy benchmark, as government provision of PEP and related services for rape survivors was relatively advanced there. It was possible to get detailed information on the implementation of PEP by speaking with experienced frontline service providers working directly with rape survivors.

Because of this and at the recommendation of most service providers, we chose not to extend our interviews to rape survivors. Some government employees requested that their names not be used in this report. An estimated 5. Absent effective intervention, it is projected that women's life expectancy will drop from fifty-two years in to thirty-seven years in andmen's from forty-nine years in to thirty-eight years. The gender imbalance is most striking among youth: nearly four times as many adolescent girls and young women age fifteen to twenty-four are HIV-positive as their male counterparts.

Sexual violence against women and girls is a problem of epidemic proportions in South Africa, with child rape as one of its particularly disturbing features. A Department of Health study in found that 7 percent of women age fifteen to forty-nine reported having ever been raped or coerced to have sex against their will.

Only 15 percent of these women had reported such an incident to the police. According to police statistics, more than 40 percent of rape survivors who reported their case to the police between February and March were girls under eighteen, with 14 percent twelve years or younger. If this is accurate, preteens and teenagers are at much higher risk of rape than the population as a whole.

In and , the reported incidence of rape and attempted rape among children increased, even as the incidence among adults began to stabilize. The South African Police Service has acknowledged that rape is underreported, observing that for children, this may be explained in part by the fact that many are raped by members of their family, which "tend[s] to be kept secret.

Studies have documented a range of other obstacles to reporting, which include fear of not being believed; problems of physical access to police; and fear of legal processes involved, including poor treatment by police. Many rape survivors in South Africa may not go to the police because they lack confidence in the criminal justice system and believe that perpetrators will not be punished for their acts.

These concerns appear justified: a government study found that only 7. In many cases, rape survivors gave statements to officers untrained to deal with rape or sexual offence cases in environments that were not private. Investigating officers were not always available, and women and children rape survivors often waited hours before meeting an investigating officer. Sexual violence may increase the risk of HIV for all survivors, male and female.

Women and girls are physiologically more vulnerable than men and boys to HIV infection during unprotected heterosexual vaginal sex. Forced oral sex may cause tears in the skin, also increasing the risk of HIV transmission. In cases of gang rape, exposure to multiple assailants increases the risk of transmission. The presence of other sexually transmitted diseases also heightens HIV transmission risk. Women and girls in abusive relationships may have limited capacity to negotiate the terms and conditions of sex, including when and whether sex takes place and whether condoms are used.