The use of evidence provided by healthcare professionals as expert witness in sexual violence trials in Gauteng province, South Africa

Abstract

Introduction: In South Africa, healthcare professionals provide care to sexual violence victims across health care settings. One of such settings are Thuthuzela Care Centres. Thuthuzela Care Centres are non-stop facilities that have been introduced as a critical part in South Africa’s anti- rape strategy aiming to reduce secondary victimization. Healthcare professionals working for this Centres are usually asked to appear in court to provide expert evidence and testimony about sexual violence cases.

Aim: The overall aim of the study was to explore “the use of evidence provided by healthcare professionals as expert witness in sexual violence trials in Gauteng province, South Africa”.

Methodology: A qualitative case study methodology was followed in this study. Data were collected through eight semi-structured interviews with nurses and medical doctors working in different Thuthuzela Care Centres around Gauteng. Data was using Braun and Clarke (2006) thematic analysis framework Three main themes emerged as: (1) commanded to appear in court, (2) being on the stand and the (3) aftermaths of expert witnessing. Each theme has three sub- themes.

Results: The findings indicate that expert witness experiences are related to each other. They are being served with a subpoena before appearing in court to give expert testimony, they all received a subpoena that informs them that they are needed in court. They consult with the attorney for preparation prior to their court appearance. It was also found that the defence lawyers distress the expert witnesses by cross-questioning and grilling them during the trial. Implications: The issue of using nurses and medical doctors as expert witnesses in sexual violence trials is a problem worth researching in South Africa because there is scanty literature and their use in prosecution of perpetrators is not clear.

Conclusion: This study explored expert witnessing in cases of sexual violence trials. Due to their knowledge and skills nurses and doctors are considered to be expert during trials of sexual violence. Therefore, expert witnesses’ role calls for the continuous various forms of relevant training that can uplift their competencies and knowledge base in cases of sexual violence.

Attorneys, police officers and healthcare professionals need to work together as a team like the way Thuthuzela Centres are structured. This approach is very helpful collection of evidence from the victims that will help in building strong cases. Additionally, the approach is expected from expediting the cases that are taken to court. Victims will be able to attend not cancelling cases and victim will gain more trust with justice system.

The high rate of sexual violence in South Africa has shown in this study that there is a gap in the training of healthcare professionals in providing expert testimony in sexual violence trials in courtrooms. It is evident by the cases that drag long and some cases do not qualify to go to court.