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05 April 2023 | Story Siyanda Magayana | Photo Supplied
Sivuyisiwe Magayana
Siyanda Magayana is Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State

Opinion article by Siyanda Magayana, Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State.
Sexual violence in the form of sexual assault is a serious problem on South African university campuses, and it can be argued that it is sanctioned and embedded within institutional cultures. Sexual assault on university campuses is a serious issue that affects many students and can have a devastating impact on the survivors, their families, and the wider community. Unfortunately, this is also a widespread problem, with many universities and colleges around the world reporting incidents of sexual assault and harassment. 

For example, statistics from recent studies and reports show alarming rates of sexual violence. In a 2019 survey conducted by the Higher Education and Training HIV/AIDS Programme (HEAIDS), 19% of students reported experiencing sexual assault on campus. The same survey found that 27% of students reported experiencing unwanted sexual advances, and 18% reported experiencing sexual harassment. Furthermore, in a 2016 survey conducted by the South African Union of Students, more than 70% of respondents reported knowing someone who had experienced sexual violence on campus. 

These statistics highlight the urgent need for institutions of higher learning to take action to address sexual violence, especially sexual assault and harassment within their institutions, which can be achieved through awareness campaigns such as Sexual Assault Awareness Month (SAAM). The month of April is Sexual Assault Awareness Month (SAAM) – an important time to raise awareness and educate people about the importance of consent in all forms of sexual activity. Consent is a fundamental aspect of healthy sexual relationships, and it is important to understand what it means and how to ask for it. Education on consent in higher education institutions (HEIs) can help prevent sexual assault and ensure that everyone is comfortable and safe during sexual activity. During SAAM, it is essential to educate ourselves and others on the importance of consent, how to recognise and address situations where it is not given, and how to create a culture of respect and understanding around sexual consent. This education can help promote a safer and more positive sexual culture, free of sexual assault and harassment on university campuses.

Addressing rape culture within higher education institutions (HEIs)

The prevalence of rape culture at South African universities is a serious and concerning issue. Rape culture refers to the normalisation of sexual violence in our society and a culture where sexual violence is often excused, normalised, and even glorified; it manifests, for example, through victim blaming, protection of perpetrators, objectification of women, and jokes about rape, etc. This culture perpetuates harmful attitudes and behaviours that contribute to sexual harassment, assault, and rape. These perceptions are learned from the way society is socialised, i.e., gender roles and cultural beliefs and attitudes that maintain that men are active agents and receivers of consent, while women are merely passive agents and receivers of consent. This notion is deeply problematic and has serious implications for gender equality and the way society perceives and treats women. For example, it consequently reinforces gender stereotypes, perpetuates rape culture, ignores the complexity of consent, leads to victim-blaming, and re-enforces gender imbalances. 

It is essential to address rape culture at universities, because sexual violence and harassment have a devastating impact on survivors and can affect their physical, emotional, and psychological well-being. Survivors of sexual violence may experience a range of negative outcomes, including anxiety, depression, post-traumatic stress disorder (PTSD), and substance abuse. Additionally, sexual violence can negatively impact academic performance and lead to students dropping out of school. Addressing rape culture at universities is also important because it promotes a safe and supportive environment for all students. 

Furthermore, by addressing rape culture, universities can help to prevent sexual violence and harassment from occurring in the first place. Promoting a culture of consent and respect, educating students about healthy relationships and boundaries, and holding perpetrators accountable for their actions can all contribute to creating a safer campus environment. By taking a proactive stance on these issues, universities can help to change attitudes and behaviours that contribute to a culture of violence and promote a culture of respect and equality.   

Resocialisation the only hope to eradicating sexual violence through consent education

Cultural and traditional beliefs and attitudes can have a significant impact on how consent is understood and practised in a society. As it stands, there are problematic views of it, hence, it is crucial to re-socialise our society to get rid of these problematic attitudes. For example, some cultures and traditions have strict rules around gender roles and sexual behaviour, which can make it difficult for individuals to assert their own boundaries and preferences in sexual encounters. 

Additionally, some cultures still view sexual activity, especially for women, as taboo or shameful, which makes it difficult for them to communicate openly about their desires and needs. Again, there are some who believe that men are entitled to sex and that women should be passive and submissive in sexual encounters, which leads to situations where women are coerced or pressured into sexual activity without giving their full and enthusiastic consent. On the other hand, some cultures still view sex as a duty or obligation within marriage or a relationship, which can make it difficult for individuals to say no to their partners. Thus, a focus on re-teaching consent can help change perceptions, prevent sexual violence, and change the rape culture in university communities.  

Moreover, because they are a direct reflection of our larger society, all the beliefs and attitudes have been assimilated into university cultures and institutions. Therefore, it is crucial for HEIs to identify and refute cultural and traditional attitudes and beliefs that support forceful or non-consensual sexual conduct.

Creating safer university spaces through consent education 

Consent speaks to the enthusiastic and ongoing agreement between all parties involved in a sexual or romantic encounter. It means that all parties involved have given explicit permission and are fully aware of what is happening. Therefore, consent education is incredibly important in HEIs, because it helps to create a culture of respect, safety, and a sense of comfort in relationships for its student and staff community. Consent education helps to teach that it is not just about saying ‘no’, but also about actively seeking and obtaining consent in a way that is respectful, clear, and mutually understood. 

A focus on consent education through awareness campaigns on and around campus can help create safer spaces for staff and students, because it empowers them to make informed decisions about their bodies, boundaries, and relationships. It can further help to prevent sexual assault and harassment, as well as to promote healthy relationships and positive sexual experiences for all. By educating university staff and students about consent, we can help to create a university community where sexual violence is not tolerated, where people are empowered to make informed decisions about their bodies, and where healthy and respectful relationships are the norm. Lastly, by educating students on what constitutes consent and the importance of seeking it, institutions of higher education can help create a culture of respect, autonomy, and safety for all.

News Archive

Workplace discrimination and unfair practices explored in new book
2017-09-13

 Description: Denine read more Tags: Denine Smit, Labour law, employee relations, bullying, vulnerability, research, Damain Viviers 

Dr Denine Smit
Photo: Supplied

Two law scholars, Dr Denine Smit and Dr Damian Viviers, from the Faculty of Law at the University of the Free State (UFS) recently launched a book titled Vulnerable Employees, which was inspired by their interest in researching, creating awareness and providing a legal exposition in relation to employees who are vulnerable and experience prejudice and dignity violations in the workplace. These include workplace bullying, appearance-based discrimination, those who are gender fluid or have mental-health conditions.
“Dr Viviers, who is also a former student of mine, and I, have been working together for years and share a common understanding in relation to our various topics of interest. We often share the same train of thought. This is how we came to work together to produce this book,” said Dr Smit.


Research focused on employee challenges in the workplace

The book expands on the field of knowledge regarding certain categories of employees who, as a consequence of various mutable, immutable and semi-immutable characteristics, as well as behavioural experiences, are rendered vulnerable in their employment relationships. The book draws on various social, psychological and other empirical considerations, as well as comparative legal research from foreign and international law, in order to expand on the legal position under the South African legal framework governing these conditions. While the book first and foremost constitutes a compendium of research to be used for this purpose, it also serves as a practical guide for all legal practitioners, human resources managers, other labour stakeholders and the judiciary.

Book draws strength in other academic fields
Vulnerable Employees was launched on 28 July 2017 at the UFS library, to an audience of academics and students, with a panel discussion made up of the authors and two other panellists. One of the panellists was Dr Katinka Botha, a leading psychiatrist in the Free State who has a wealth of experience in this field. “Her selection as a panellist was motivated by the various significant inter-disciplinary considerations and intersections between psychology, psychiatry and law, contained in the book,” said Dr Smit. 
“Dr Botha’s expertise was invaluable in shedding light on mental-health considerations during the panel discussion.” 
Mr Lesley Mokgoro, the other panellist, is a leading labour law practitioner, as well as director and head of the Dispute Resolution Practice Group at Phatshoane Henney Attorneys. “His years of experience working with all role players in the employment domain, as well as his extensive legal knowledge and expertise, made him uniquely qualified to serve on the panel and deliver an opinion of the practical and academic value of the book,” said Dr Smit.


Workplace policies key to securing employee rights

There are a number of growing trends in the workplace that could shape the practice of labour law or workplace policies. Dr Smit said the need for employers to regulate workplace culture, particularly in relation to bullying, harassment and unfair discrimination, in line with the South African legal framework, was a fundamental need in all workplaces. Effective workplace policies may be used to clearly outline the relevant “dos and don’ts” to employees, as well as the procedures and processes that may be followed in order to address such conduct. Workplace policies serve to advance legal certainty and efficiency, since the rights and obligations of all role players are clearly demarcated, or should be, in terms of a well-drafted and considered policy. 
The book is one of several publications produced by Dr Smit in collaboration with Dr Viviers on the topic of workplace discrimination and the law. The two scholars are working on another book to be published at the end of 2017.

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