Glossary

The words you will hear from police, courts, lawyers and counsellors, explained in plain language.

The person charged with a crime in a criminal case. Being the accused does not mean you are guilty: under section 35 of the Constitution you are presumed innocent until the state proves its case beyond reasonable doubt. You also have the right to a fair trial, to a lawyer and to remain silent.

Acquittal

When a court finds an accused person not guilty at the end of a trial. It means the state did not prove the charge beyond reasonable doubt. Once you have been acquitted, you cannot be tried again for the same offence.

Affidavit

A written statement that you swear or affirm is true, signed in front of a commissioner of oaths. Police officers can act as commissioners of oaths, and so can many lawyers and some other officials. Lying in an affidavit is a crime, so include only what you know to be true.

For example: When you apply for a protection order, you explain what happened in an affidavit.

Applicant

The person who applies to a court for an order. In a protection order case it is the person asking for protection, whom the law also calls the complainant, while the person the order is against is the respondent. Men can apply too: the Domestic Violence Act 116 of 1998 and the Protection from Harassment Act 17 of 2011 protect everyone equally.

Arrest

When the police take a person into custody because they suspect that person of a crime. Under section 35 of the Constitution, you must be told why you are being arrested, you have the right to remain silent and to speak to a lawyer, and you must be brought before a court within 48 hours, or by the end of the next court day if that time ends outside court hours. Being arrested does not mean you are guilty.

Assault

Unlawfully and intentionally using force against another person, or making them believe that force is about to be used against them. It ranges from common assault, such as a slap or a push, to assault with intent to do grievous bodily harm, usually written as assault GBH, where the attacker meant to cause serious injury. Assault is a crime whoever the victim is, including when it happens at home between partners.

Bail

Money paid so that an arrested person can be released while the case continues. A court can grant bail, and for some less serious crimes the police or a prosecutor can grant it before the first court appearance. Bail often comes with conditions, such as reporting to a police station or staying away from witnesses; if you keep them and attend court, the money is usually paid back when the case ends.

Best interests of the child

The main test that courts, the Family Advocate and others use in any decision about a child. Under the Children's Act 38 of 2005, the child's best interests are of paramount importance, which means they come before what either parent wants. Things considered include the child's safety, the child's relationship with each parent, and the child's needs and wishes.

Bystander

Someone who sees or hears harm happening to another person but is not directly involved. A bystander can make a real difference by calling for help, checking that the person is safe afterwards, or simply asking, 'Are you okay?'. Step in yourself only if you can do so safely.

Case number (CAS number)

The reference number the police give you when you open a criminal case, often called a CAS number. It is usually written with the station name, a case number, and the month and year the case was opened. Keep it safe, because you need it to follow up on your case, and insurers or employers may ask for it.

For example: A case number might look like 'CAS 123/10/2026'.

CCMA

The Commission for Conciliation, Mediation and Arbitration, set up under the Labour Relations Act 66 of 1995. It helps employees and employers settle workplace disputes such as unfair dismissal, first by trying to reach an agreement and, if that fails, often through arbitration, where a commissioner makes a binding decision. Using the CCMA is free, but there are strict time limits, so act quickly.

Charge

A formal accusation that a person committed a specific crime, such as assault or theft. The police investigate, but the prosecutor decides whether to charge someone and with what. When people say they 'laid a charge', they usually mean they opened a case at a police station.

Child abuse

Any harm done to a child, including physical, sexual and emotional abuse, neglect and exploitation. Boys are abused too, and they often find it harder to tell anyone. Anyone who knows that a child has been sexually abused must report it to the police. If a child is in danger, call 10111; children and teenagers can call Childline South Africa on 116.

Coercive control

A pattern of behaviour that one partner uses to dominate and control the other, rather than a single incident. It can include cutting you off from friends and family, checking your phone, controlling money, making threats and setting rules you must obey. It often leaves no physical marks, but the Domestic Violence Act 116 of 1998 covers controlling behaviour that harms your safety, health or wellbeing.

Complainant

In a criminal case, the person who reports the crime, usually the victim. The complainant is a witness for the state, so the prosecutor, not the complainant, controls the case. In protection order cases, the person asking for protection is also called the complainant.

Consent

Freely and clearly agreeing to take part in a sexual act. Under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, there is no consent if a person is forced, threatened or tricked, or is asleep, unconscious, or too drunk or drugged to understand what is happening. Consent can be withdrawn at any time, and agreeing once does not mean agreeing again.

Contact and care

Two of the parental responsibilities and rights set out in the Children's Act 38 of 2005. Care means looking after a child day to day, including where the child lives, while contact means keeping a relationship with the child through visits, calls and messages. These terms replaced the old ideas of 'custody' and 'access'.

Conviction

When a court finds an accused person guilty of a crime, either after a trial or because that person pleaded guilty. A conviction leads to a sentence and creates a criminal record. You may be able to appeal, but there are time limits, so get legal advice quickly.

Counselling

Talking regularly with a trained person, such as a counsellor, social worker or psychologist, to work through a problem or a painful experience. What you say is usually kept confidential, and you do not have to be in crisis to go. Many men find it helps them deal with trauma, stress, grief, anger or relationship problems.

Criminal record

An official record that you were convicted of a crime. Being arrested or charged, or having a case withdrawn, does not by itself give you a criminal record, but paying an admission of guilt fine can, so get advice before you pay one. A record can affect jobs, travel and visas, and if an arrest that did not lead to a conviction still shows against your name, get advice on having it corrected.

Cyberbullying

Using phones, social media, messaging apps or games to repeatedly threaten, insult, embarrass or exclude someone. It happens to adults as well as children, and it can follow you everywhere, day and night. Save screenshots and messages as evidence, block the person where you can, and report it: serious cases can be crimes or grounds for a protection order.

Cybercrimes Act

The Cybercrimes Act 19 of 2020 makes certain online and digital acts crimes in South Africa. These include hacking into someone's device or accounts, online fraud and extortion, sending messages that threaten violence, and sharing someone's intimate images without consent. You can report these crimes at a police station.

Cyberstalking

Using the internet or a phone to follow, watch, track or repeatedly contact someone in a way that makes them afraid or feel harassed. It can include constant messages, tracking your location, watching your accounts or creating fake profiles to reach you. You can apply for a protection order under the Protection from Harassment Act 17 of 2011, and if you do not know who is behind it, the court can direct service providers to help identify the person.

Depression

A health condition, not a weakness, in which low mood, emptiness or numbness lasts for weeks and gets in the way of daily life. In men it often shows up as anger, irritability, drinking more, overworking or pulling away from people. Depression is treatable, and talking to a doctor or counsellor is a good first step.

Disciplinary hearing

A meeting your employer holds to decide whether you broke a workplace rule and what should happen, which can include dismissal. You should be told what you are accused of beforehand, be given time to prepare, and be allowed to state your side with help from a co-worker or union representative. Whether the process was fair matters if you later take the matter to the CCMA.

Docket

The police file for a criminal case. It holds the statements, the evidence, any J88 medical form and the investigating officer's notes. The prosecutor reads the docket to decide whether there is enough evidence to take the case to court.

Domestic violence

Abuse by someone you share, or shared, a domestic relationship with, such as a wife, girlfriend, partner, ex-partner, family member or someone you live with. Under the Domestic Violence Act 116 of 1998, it includes physical, sexual, emotional, verbal, psychological and economic abuse, as well as intimidation, harassment, stalking and damage to property. Men can be victims of domestic violence, and the law protects them equally.

Domestic Violence Act

The Domestic Violence Act 116 of 1998 protects people from abuse within a domestic relationship. This covers married and unmarried partners of any gender, people who are dating or used to date, parents of a child together, family members and people who share a home. Under this Act you can apply at a Magistrate's Court for a protection order to stop an abuser from hurting, contacting or coming near you.

Emotional abuse

A pattern of behaviour that wears down your sense of self and your mental health. It can include constant insults, humiliation, threats, extreme jealousy, mocking you in front of others or threatening to keep your children from you. It often leaves no marks, but the Domestic Violence Act 116 of 1998 recognises it as domestic violence.

Expungement

The process of having an old criminal record removed, so that the conviction no longer shows when your record is checked. Only some convictions qualify, usually less serious ones, and only after a set period without any new conviction. You have to apply for it, so get legal advice about whether you qualify.

False accusation

An accusation of a crime or of abuse that is untrue, whether it was made on purpose or by mistake. False accusations do happen, and they can devastate a man's reputation, work, finances and relationship with his children. This does not mean reports of abuse should be doubted, because genuine reports deserve to be taken seriously; if you are falsely accused, stay calm, do not contact the accuser, and get legal advice.

Family Advocate

A legal officer at the Office of the Family Advocate whose job is to protect the best interests of children in family disputes. Family Advocates can help parents agree on a parenting plan, mediate disagreements about care and contact, and give a court a report with recommendations. You can approach the office yourself, without a lawyer, and its services are free.

Final protection order

A protection order a court makes on the return date, after hearing both sides, or if the respondent was properly notified but did not come to court. Under the Domestic Violence Act 116 of 1998 it stays in force until a court changes or cancels it, while orders under the Protection from Harassment Act 17 of 2011 last for a set period. Breaking a final order is a crime, and the respondent can be arrested.

Financial abuse

When someone uses money or property to control you. It can include taking your salary, running up debt in your name, stopping you from working, hiding money, or refusing to share household costs while demanding your money. The Domestic Violence Act 116 of 1998 calls this economic abuse and treats it as domestic violence.

Gaslighting

A form of emotional abuse in which someone makes you doubt your own memory, judgement or sense of what is real. They might deny things that clearly happened, tell you that you are overreacting or 'crazy', or twist events until you stop trusting yourself. Writing down what happens, with dates, can help you hold on to the facts.

GBV Command Centre

A national helpline for people of all genders affected by gender-based violence, open 24 hours a day, seven days a week. Men can call 0800 428 428 about abuse by a partner or family member, sexual violence or threats, to talk about what is happening and find out where to get help.

Grooming

When someone builds trust with a child or young person, and often with their family, in order to sexually abuse or exploit them. It can include gifts, special attention, secrets and slowly pushing boundaries, and it happens online as well as in person. Grooming a child is a crime under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, even if no physical abuse has happened yet.

Harassment

Behaviour aimed at you that causes you harm, or makes you reasonably believe you may be harmed. Under the Protection from Harassment Act 17 of 2011, this includes following, watching or repeatedly contacting you, sending you messages or packages, and sexual harassment. You can get a protection order against anyone who harasses you, including a stranger or someone you have no relationship with.

Interim protection order

A temporary protection order that a magistrate can grant when you first apply, often without the respondent being there, if there is evidence of abuse or harassment. It takes effect once it is served on the respondent, and it gives a return date when both sides can come to court. It protects you until the court decides whether to make a final order.

Investigating officer

The police officer, usually a detective, assigned to investigate your case. This officer gathers evidence, takes further statements and builds the docket for the prosecutor. Ask for the investigating officer's name and contact number so that you can follow up.

IPID (Independent Police Investigative Directorate)

An independent body that investigates serious complaints against the police. These include deaths in police custody or caused by police action, assault and torture by police officers, rape by a police officer, and corruption. Because it is separate from SAPS, you can turn to IPID if police officers themselves have harmed you.

J88 form

A medical-legal form that a doctor or forensic nurse fills in to record injuries after an assault or a sexual offence. It is used as evidence in a criminal case. If you have been hurt, get examined as soon as possible, before injuries heal, and ask the police or the health worker about a J88.

Legal Aid South Africa

A public body that gives free legal help to people who cannot afford a lawyer and who qualify, mainly in criminal cases and some civil matters. If you are arrested and cannot pay for a lawyer, you can ask for a Legal Aid lawyer. Its Advice Line is 0800 110 110.

Magistrate's Court

The local court found in towns and cities across South Africa, below the High Court. It hears many criminal cases, as well as protection orders, maintenance and some family and civil matters. You can apply for a protection order or for maintenance at your local Magistrate's Court without a lawyer.

Maintenance

The legal duty to support a child, or sometimes a former spouse, with money for things like food, housing, clothing, school and medical care. Both parents must contribute according to what each can afford, whether or not they were ever married. Paying maintenance and having contact with your child are separate: one cannot be withheld because of the other.

Maintenance order

A court order under the Maintenance Act 99 of 1998 that sets how much a person must pay towards maintenance, and when. It is made by the maintenance court at the Magistrate's Court, and either side can later ask for it to be changed if circumstances change, for example after losing a job. Not paying is a crime, so if you cannot pay, apply to change the order rather than simply stopping.

Non-consensual intimate images (revenge porn)

Sharing, or threatening to share, private sexual photos or videos of someone without their consent. It is often called revenge porn, but it happens for many reasons, including control and blackmail, and it happens to men too. Sharing such images without consent is a crime under the Cybercrimes Act 19 of 2020, and using them to demand money or more images is extortion.

Parental responsibilities and rights

The responsibilities and rights a person has towards a child under the Children's Act 38 of 2005: care, contact, guardianship and contributing to maintenance. A father who is married to the child's mother has them automatically. An unmarried father has them in certain situations, for example if he lived with the mother in a permanent life-partnership when the child was born, or if he has acknowledged the child and tried in good faith to contribute to the child's upbringing and maintenance; otherwise he can get them by agreement or a court order.

Parenting plan

A written agreement between parents, or others with parental responsibilities, setting out how they will raise a child after separating. It can cover where the child lives, contact, schooling, holidays, maintenance and how decisions will be made. Under the Children's Act 38 of 2005, it can be registered with the Family Advocate or made an order of court, and it must put the child's best interests first.

PEP (post-exposure prophylaxis)

A course of medicine that lowers the chance of getting HIV after possible exposure, such as a sexual assault. It works best when started as soon as possible and must be started within 72 hours, so go to a clinic, hospital or Thuthuzela Care Centre right away. Men who have been sexually assaulted can and should ask for it.

Perpetrator

The person who commits a crime or abuse against someone else. In a criminal case this person is called the accused until the court decides, and in a protection order case the respondent. Perpetrators can be of any gender, and so can victims.

Plea

The answer an accused person gives in court when asked whether they are guilty or not guilty of a charge. After a plea of not guilty the case goes to trial and the state must prove it; after a plea of guilty, the court can convict on that plea. Never plead guilty just to make a case end faster, and get legal advice before you plead.

Post-traumatic stress

A reaction that can follow a frightening or violent event, where the mind and body stay on high alert long after the danger has passed. Signs include flashbacks, nightmares, being jumpy or quick to anger, avoiding reminders, and feeling numb or cut off. When it lasts for more than a month and disrupts your life, it may be post-traumatic stress disorder (PTSD), which can be treated.

Prosecutor

The lawyer who presents the case against an accused person in a criminal court on behalf of the state. The prosecutor, not the victim or the police, decides whether to prosecute, which charges to bring and whether to withdraw a case. If you are a complainant, you can ask to speak to the prosecutor before you give evidence.

Protection from Harassment Act

The Protection from Harassment Act 17 of 2011 lets anyone apply for a protection order against a person who harasses them, whatever the relationship, including a stranger, neighbour, co-worker or someone online. It covers physical, verbal, electronic and sexual harassment. If you do not know who is harassing you by phone or online, the court can direct service providers to help identify the person.

Protection order

A court order that tells a person to stop abusing, harassing, threatening or contacting you, and that can also keep them away from your home or workplace. In South Africa you can apply for one at a Magistrate's Court under the Domestic Violence Act 116 of 1998 or the Protection from Harassment Act 17 of 2011. Breaking a protection order is a crime.

For example: A man whose ex-partner keeps arriving at his work and threatening him can apply for a protection order.

Rape

Under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, rape is any act of sexual penetration with a person without their consent. The law covers anal and oral penetration and penetration with an object or another body part, not only vaginal sex. It is gender-neutral: men and boys can be raped, and the person who rapes can be a man or a woman.

Respondent

The person a protection order application is brought against. If you are the respondent, you will be served with the papers and a return date, and you have the right to go to court, give your side and challenge the order. Obey any interim order in the meantime, even if you believe the claims against you are false.

Return date

The date the court sets, usually when an interim protection order is granted, for both sides to come back to court. On that day the magistrate hears both sides and decides whether to make the order final, change it or set it aside. If you do not attend, the court can decide without you.

Self-harm

Hurting yourself on purpose, often as a way to cope with overwhelming pain, anger or numbness. It is a sign of deep distress, not attention-seeking, and the person deserves care rather than judgement. If you are hurting yourself or thinking about it, talk to someone you trust or call the SADAG Suicide Crisis Helpline on 0800 567 567 at any time; if a life is in danger, call 10177, or 112 from a cell phone.

Service Charter for Victims of Crime

The Service Charter for Victims of Crime in South Africa sets out the rights every victim of crime has, men included. These are the rights to be treated with fairness and with respect for your dignity and privacy, to offer and to receive information, to protection, to assistance and, in some cases, to compensation and restitution. You can refer to it if you feel the police or courts have treated you badly.

Sextortion

A form of blackmail where someone threatens to share sexual images or videos of you unless you pay money or send more images. It often starts with a fake profile that flirts with you and pushes you to share something private. Do not pay, stop replying, save the evidence and report it: this is a crime against you, and it is not your fault.

Sexual assault

In everyday speech, any sexual act or touching that happens without consent. Under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, sexual assault is also a specific crime that covers unwanted sexual violation without penetration, such as unwanted sexual touching. Men and boys can be sexually assaulted, and the law protects them the same as anyone else.

Sexual harassment

Unwanted conduct of a sexual nature, such as comments, advances, touching, or pressure for sex in return for favours, that makes you feel uncomfortable, intimidated or unsafe. At work, the Employment Equity Act 55 of 1998 treats harassment as a form of unfair discrimination, and your employer must take steps to deal with it. Men can be sexually harassed by women or by men.

Statement

Your account of what happened, which a police officer writes down when you open a case and which you then read, correct and sign. Give as much detail as you can, such as dates, times, places, what was said and who saw it. Read it carefully before you sign, ask for help if you need it in another language, and know that you can give a further statement later if you remember more.

Statutory rape

The name for sexual penetration of a child aged 12 to 15, even if the child agreed. Under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 the age of consent is 16, and a child under 12 can never consent. This applies whatever the gender of the adult or the child, although the law treats young people who are close in age differently, so the details matter.

Subpoena

An official court document ordering you to come to court on a certain date as a witness, or to bring certain documents. Ignoring a subpoena without a good reason can be a crime. If you cannot attend, contact the prosecutor or the person named on the subpoena before the date.

Suicide crisis

When someone is seriously thinking about ending their life, or feels unable to keep themselves safe. It is an emergency, but the crisis can pass, and help is there at any hour: call the SADAG Suicide Crisis Helpline on 0800 567 567 or Lifeline South Africa on 0861 322 322. If someone has already harmed themselves or is in immediate danger, call 10177, or 112 from a cell phone, and stay with them.

Survivor

A word many people use for someone who has lived through abuse, violence or trauma, especially sexual violence. Some prefer it to 'victim' because it puts the focus on strength and recovery, while others prefer 'victim' because it names the wrong that was done. Use whichever word feels right to you.

Thuthuzela Care Centre

A one-stop centre, usually at a public hospital, for people who have been raped or sexually assaulted. In one place you can get medical care, including PEP, a forensic examination, support from trained staff and help to report to the police. Thuthuzela Care Centres help men and boys as well as women and girls.

Toxic masculinity

A term for harmful ideas about how men should behave, such as never showing feelings, solving problems with violence, or seeing asking for help as weakness. It describes those ideas, not men themselves, and the pressure they create harms men as well as the people around them. Healthy masculinity keeps strengths such as courage, responsibility and care for others, while leaving room to feel, to talk and to ask for help.