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

Dissertation (MNur (Nursing Science))--University of Pretoria, 2024.

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Other Authors: Mooa, Ramadimetja Shirley
Format: Thesis
Language:English
Published: University of Pretoria 2024
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access_status_str Open Access
author2 Mooa, Ramadimetja Shirley
author_browse Mooa, Ramadimetja Shirley
author_facet Mooa, Ramadimetja Shirley
collection Thesis
dc_rights_str_mv © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Dissertation (MNur (Nursing Science))--University of Pretoria, 2024.
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2024
publishDateRange 2024
publishDateSort 2024
publisher University of Pretoria
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spelling oai:repository.up.ac.za:2263/99438 The use of evidence provided by healthcare professionals as expert witness in sexual violence trials in Gauteng province, South Africa Mooa, Ramadimetja Shirley maggyshabangu8@gmail.com Rasweswe, Melitah Molatelo Shabangu, Maggy UCTD Sustainable Development Goals (SDGs) Expert evidence Expert witness Regional court Sexual violence testimony Thuthuzela care centres Dissertation (MNur (Nursing Science))--University of Pretoria, 2024. 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. Nursing Science MNur (Nursing Science) Unrestricted Faculty of Health Sciences SDG-03: Good health and well-being SDG-04: Quality education SDG-05: Gender equality 2024-11-27T07:37:28Z 2024-11-27T07:37:28Z 2025-04 2024-07 Dissertation * A2025 http://hdl.handle.net/2263/99438 DOI: https://doi.org/10.25403/UPresearchdata.27888660.v1 https://doi.org/10.25403/UPresearchdata.27888660 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Sustainable Development Goals (SDGs)
Expert evidence
Expert witness
Regional court
Sexual violence testimony
Thuthuzela care centres
The use of evidence provided by healthcare professionals as expert witness in sexual violence trials in Gauteng province, South Africa
title The use of evidence provided by healthcare professionals as expert witness in sexual violence trials in Gauteng province, South Africa
title_full The use of evidence provided by healthcare professionals as expert witness in sexual violence trials in Gauteng province, South Africa
title_fullStr The use of evidence provided by healthcare professionals as expert witness in sexual violence trials in Gauteng province, South Africa
title_full_unstemmed The use of evidence provided by healthcare professionals as expert witness in sexual violence trials in Gauteng province, South Africa
title_short The use of evidence provided by healthcare professionals as expert witness in sexual violence trials in Gauteng province, South Africa
title_sort use of evidence provided by healthcare professionals as expert witness in sexual violence trials in gauteng province south africa
topic UCTD
Sustainable Development Goals (SDGs)
Expert evidence
Expert witness
Regional court
Sexual violence testimony
Thuthuzela care centres
url http://hdl.handle.net/2263/99438
https://doi.org/10.25403/UPresearchdata.27888660