Your rights as a victim of crime

If you have been the victim of a crime, you have rights. The Service Charter for Victims of Crime in South Africa, often called the Victims' Charter, sets out how the police, the courts and other services should treat you. It applies to every victim, men included.

In a criminal case, the state brings the case against the accused person, and you are usually a witness. The prosecutor works for the state, not as your personal lawyer. That does not make you a bystander. Knowing your rights helps you ask for what you are entitled to.

The seven rights in the Victims' Charter

The Charter sets out seven rights:

• To be treated with fairness and with respect for your dignity and privacy. You should be treated with courtesy, and your personal details should be handled with care. You can ask to give your statement in private, for example in a SAPS Victim-Friendly Room.
• To offer information. You can give a full statement and add new information later. If the accused is convicted, you may be able to tell the court how the crime has affected you, often in a victim impact statement.
• To receive information. You should be told how your case is progressing, including any arrest, bail decisions, court dates and the outcome.
• To protection. You have the right to be protected from threats, intimidation and harassment linked to the case.
• To assistance. You can ask for help such as an interpreter in your own language, and to be referred for medical care, counselling or other support.
• To compensation. In some cases, a court that convicts the offender can order them to pay you for loss of or damage to your property.
• To restitution. If property taken from you is recovered, you should get it back once it is no longer needed as evidence.

What to ask for when you report

When you open a case, make sure you leave with:

• your case number;
• the name and contact details of the officer who took your statement;
• the name and contact details of the investigating officer, once one is assigned;
• an idea of how and when you will get updates.

Tell the officer if you need an interpreter, if you have a disability, or if you are afraid of the person who harmed you. If your statement is written in a language you don't fully understand, ask for it to be read back and explained before you sign. Our guide on opening a case explains the process.

Your safety and bail

If the accused is arrested, a court may decide to release them on bail while the case continues. Tell the investigating officer if you are afraid of the accused, and why. That information can be put before the court when bail is considered.

Ask to be told if the accused is released, and what bail conditions apply. If the accused, or anyone on their behalf, contacts you, threatens you or tries to talk you out of the case, report it to the investigating officer straight away. Keep the messages. Our guide bail explained has more detail.

Going to court

If the case goes to trial, you may be called as a witness. This can be stressful, especially if you have to see the accused in court.

1. Ask to meet the prosecutor. Before the trial, ask to speak to the prosecutor so you know what to expect when you give evidence.
2. Ask about practical help. If you need an interpreter or have a disability, say so early.
3. Tell the truth simply. Answer the question you are asked. If you don't understand a question, say so. If you don't remember, say that too.
4. Ask about the outcome. You have the right to know the verdict and, if there is one, the sentence.

In some serious cases, you can ask to be told when an offender is being considered for parole, and to give your views. Ask the investigating officer or the prosecutor how this works for your case. Our guide on what happens after you report covers the stages of a case.

If your rights are not respected

Many officials do their best with limited resources, but sometimes victims are turned away, ignored or treated badly. Men in particular are sometimes not taken seriously, especially in cases of domestic or sexual abuse. You are entitled to the same service as anyone else.

1. Speak to the investigating officer first. Ask politely for an update, and keep a note of every call or visit.
2. Ask for the station commander. If you are not getting help, ask to speak to the person in charge of the station.
3. Put your complaint in writing. Keep a copy and note the date you handed it in.
4. Report serious police misconduct. If a police officer assaulted you, threatened you or asked for a bribe, you can report it to the Independent Police Investigative Directorate (IPID).

Our guide on what to do if the police won't help you goes through these steps in more detail.

Myths and facts

Getting support

• In an emergency, call 10111, or 112 from a cell phone.
• If the crime involved domestic or sexual violence, the GBV Command Centre on 0800 428 428 helps people of all genders, 24 hours a day.
• For general legal advice, call the Legal Aid South Africa Advice Line on 0800 110 110.
• If you are struggling to cope, call Lifeline South Africa on 0861 322 322, any time.
• You can report what happened anonymously at /report. Tick the support box if you would like someone to contact you.
• To reach the Men for Change support team, go to /contact?topic=support.
• More helplines are listed at /resources.