Parliament warns police after majority of statutory rape cases withdrawn

Parliament’s Portfolio Committee on Police has raised alarm after police revealed that more than half of reported statutory rape cases were withdrawn between 2020/21 and 2024/25, and called for urgent action to tackle underreporting, resource shortages and policy gaps.

Committee flags withdrawals, urges action

During a Statutory Rape Inquiry meeting with the South African Police Service (Saps) and the Civilian Secretariat for Police Service (CSPS), committee chair Ian Cameron said persistent shortcomings in police handling of these matters were unacceptable. The police told the committee that of 3 232 reported cases of statutory rape opened between 2020/21 and 2024/25, 1 853 were withdrawn.

Police: withdrawals must not happen

Acting deputy national commissioner for crime detection, Lieutenant General Hilda Senthumule, stressed that police officers are prohibited from allowing anyone to withdraw a rape charge because a rape docket is a crime against the state. She said anyone who permits withdrawals is acting unlawfully and must face disciplinary and legal consequences.

Asked about reasons for withdrawals, Senthumule said they included family members opting for alternative resolutions, “undue influence in relation to financial dependence on the perpetrator,” threats from perpetrators, and instances where victims claimed the incidents were consensual.

Silence and reporting gaps

Senthumule also warned that failing to report these crimes can carry a prison sentence of up to a decade, but confirmed there is currently no official police data tracking how many people have been charged for non-reporting. She said fear of social stigma often keeps victims and families silent and that police must become more proactive in reducing barriers to reporting.

Parliamentarians call for accountability

Committee members pressed for stronger enforcement and oversight. DA MP Dianne Kohler-Barnard described underreporting as “terrifying.” DA MP Lisa Schickerling said detectives had found money exchanged and cases not opened, leaving victims without recourse.

“So when we come here, and we use culture [as an excuse], when we use that families are not protecting the children, let’s park that. What is the government doing? Because these kids, those who are pregnant, are encountering all these government institutions that are not doing anything about it,” EFF MP Leigh-Ann Mathys said.

Mathys added: “I have never heard of any crime, even murder, where a family can decide whether a case can be opened or not.” She stated, “Rape is not just a normal offence. It is an offence just like murder.”

Deputy Police Minister Polly Boshielo said, “Normally, some people don’t even report it because it involves a minor.”

Barriers inside institutions and communities

In its presentation, Saps outlined core obstacles to enforcing mandatory reporting when adults rape minors. These included ethical dilemmas faced by teachers, medics and parents; harmful cultural traditions; economic dependence that creates transactional relationships; fear of community stigma; a preference for informal resolutions; and lack of trust in the justice system.

Community engagement and resource shortfalls

Major General Leon Rabie, head of strategic management at the police, said Saps uses multiple community engagement platforms including community policing forums, faith-based organisations, “Community in Blue” initiatives, GBV brigades and public imbizos to build trust and encourage reporting.

The committee also highlighted shortages in Family Violence, Child Protection and Sexual Offences (FCS) units, including a lack of rape kits for collecting buccal samples and a shortage of detectives. Saps indicated additional detectives will be allocated and pledged to review resource availability, while the committee said sustained investment in skilled investigative capacity is needed.

Policy and oversight demands

Committee members criticised the CSPS for lacking a clear, dedicated policy framework on policing statutory rape and instructed the CSPS to conduct comprehensive research to identify gaps, trends and best practices. They called for intensified public awareness campaigns across relevant departments and requested statistics on prosecutions or disciplinary measures taken for non-reporting.

The Portfolio Committee on Police said it will continue oversight of Saps and relevant stakeholders to ensure problems affecting investigations and prosecutions of statutory rape are addressed, and that protecting children, supporting victims, and holding perpetrators accountable remain national priorities.