BOX 1.5
Gender stereotypes and punishment for nonconformity: The case of ‘corrective’ rape in South Africa
Women and girls with nonconforming sexual identities, including lesbian, gay, bisexual and transgender (LGBT) women, frequently face emotional, verbal, sexual and physical abuse, and even murder, as well as denial of employment, education, health and other basic rights. ‘Corrective’ rape, a practice used to punish nonconforming women and girls, ostensibly to ‘cure’ their sexual preferences, is a particularly appalling example of such abuse. South Africa has been a pioneer in the constitutional recognition of LGBT rights, but these rights continue to be widely violated. Women and girls who transgress social and cultural norms on sexuality, or who do not conform to dominant prescriptions on how women ‘should act’ and what they ‘should look like’ are frequently targeted. Lesbians who are poor, black and live in townships are at particular risk. LGBT support groups claim that 10 new cases of ‘corrective’ rape occur every week in Cape Town alone. Many cases go undocumented due to the perception among victims that the criminal justice system is unresponsive. More than 31 lesbians were murdered in South Africa between 1998 and 2009, but only one of these cases resulted in a conviction. NGO and LGBT activists have criticized the Government for failing to uphold its constitutional obligations to prevent and prohibit these crimes. In response to their demands and a petition with 170,000 signatures from 163 countries, the Department of Justice and Constitutional Development established a National Task Team in 2011 to devise a strategy for combating the problem. The Task Team developed the National Intervention Strategy (2014–2017), which takes a multi-sectoral approach by introducing prevention programmes, enhancing criminal justice system responses and strengthening institutional capacity to address and prevent such forms of violence. Civil society and non-governmental organizations, and activist groups are currently monitoring the implementation of these measures. Meanwhile, concerns remain regarding the need for greater public education to address underlying discriminatory attitudes.126
the state of Victoria in Australia, for example, in what is widely seen as a ‘best practice’, high-level leadership in government and the police agency itself have been key to positive changes in the way services deal with the issue. Other critical factors have been: training on violence against women for police at all levels; the adoption of performance measures related to increased numbers of charges and prosecutions and reduced rates of repeat offending; and a shift from ‘criminal justice’ models
to a broader approach of providing referrals and support to victims. Central to the success of these changes has been the expertise and advice provided by women’s organizations working on violence against women.127 Women’s activism has also played a fundamental role in the recognition, in international norms and agreements, of violence against women as a human rights violation and form of
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