Cape Town Program Helps Abuse Survivors Get Justice

For decades, survivors of sexual violence with intellectual disabilities faced impossible odds in South African courts. Police struggled to take statements, prosecutors doubted testimony, and judges dismissed cases before they even began.

Then a prosecutor in Cape Town took a chance. She asked a psychologist at Cape Mental Health to assess a survivor who might be able to testify despite communication barriers. The case led to a successful prosecution and sparked what would become the Access to Justice Programme.

Today, the program works at the intersection of psychology and law, helping survivors tell their stories in ways the courts can understand. When police or prosecutors suspect a survivor has an intellectual disability, the program steps in with assessments, court preparation, and expert reports that reshape how justice looks for these vulnerable witnesses.

"If someone cannot tell you the days of the week, you cannot ask them what day the incident happened," explains Keamogetse Mokgadi, the program's manager. The team recommends critical accommodations like intermediaries who translate complex legal language and private testimony spaces where survivors never face their abusers.

The program assesses three key areas: a survivor's intellectual functioning, their ability to consent, and their competence as a witness. This evidence helps courts see beyond outdated stereotypes that people with intellectual disabilities make unreliable witnesses or lack feelings.

The need keeps growing. The program now receives up to 15 referrals weekly, but psychologists can only complete two assessments in that time. Cases stretch from months into years as the small team fights against backlogs and limited resources.

Why This Inspires

What makes this program remarkable is its fundamental belief that people with intellectual disabilities are not passive victims but rights holders who deserve dignity and protection. By bridging the gap between health systems and justice systems, Cape Mental Health is proving that vulnerability can become evidence and silence can become testimony.

One case still stays with Mokgadi. A survivor who lost their home after abuse spoke not of courtroom victories but of wanting to escape somewhere safe. What moved Mokgadi most was their awareness: "They knew there were better ways to live life."

That awareness drives the program forward, one survivor at a time.