Survivors No Longer Have to Live in Fear of Their Attackers Walking Free

Please Note: The material discussed in this article may be distressing or triggering for some readers.

For too long, survivors of sexual violence have lived with the crippling fear that one day, their attackers could walk free. The recent re-incarceration of Alison Botha’s attackers marks a powerful shift – one that sends a clear message: justice does not end at sentencing, and survivors have the right to live without the constant terror of seeing their abusers back on the streets.

Rightfully so, Minister of Correctional Services, Dr Pieter Gronewald exercised his authority to revoke the parole applications of Alison Botha’s perpetrators earlier this month. Tania Koen, attorney at Tania Koen & Conveyancers emphasised that this decision signals a shift towards a stronger stance against violent offenders.

“This precedent shows that our Minister is taking crime and GBV seriously. It is a victory, but it also highlights the inconsistencies in our parole system,” Koen stated. “There are 52 parole boards in South Africa, each operating with different interpretations of rehabilitation. Survivors and their families often have no insight into these processes until after decisions are made. This has to change.”

Alison Botha’s story has long been a symbol of resilience and survival. Brutally attacked, left for dead, and forced to relive her trauma through legal proceedings and countless media interviews, she has faced her every challenge with brave strength. Her battle to keep her attackers behind bars has once again brought to light the immense burden placed on survivors – a burden that should not be theirs to bear alone.

“This case demonstrates just how much the justice system continues to demand from survivors. To protect themselves and others, victims must actively participate in parole hearings, despite the deep trauma this causes. The Department of Correctional Services should comply with its own regulations and inform victims of upcoming parole hearings. Too often, victims are left in the dark said Koen.

Mara Glennie, Founder of TEARS Foundation, reinforced the broader significance of this case, stating: “Alison’s courage has set a precedent that benefits all survivors. It sends a powerful message that perpetrators will be held accountable and that victims’ voices matter. This decision is not just about Alison, it’s about protecting every survivor who fears encountering their attacker again.”

While Alison’s case has led to a major victory, legal experts and advocacy organisations warn that this is just the beginning. Urgent reforms are needed to prevent the premature release of violent offenders and ensure survivors’ safety. Koen and Glennie outline key changes required:

1. Victim participation in parole hearings: survivors and families of victims must be actively informed and given the opportunity to participate. While emotionally difficult, written submissions can also be an option
2. Accountability for parole boards: if parole boards fail to invite victims or overlook critical information, they should face legal consequences
3. Stronger parole conditions: conditions such as no-contact orders, geographical restrictions, and mandatory GBV rehabilitation programmes must be enforced rigorously. If an offender violates these conditions, parole should be immediately revoked
4. Greater public awareness: more campaigns are needed to educate survivors about their rights and the parole process. Advocacy groups play a vital role in guiding survivors but lack the legal standing to challenge parole decisions directly. This must be reconsidered

Koen also advocates for sentencing reforms: “There are certain categories of offenders who should never be eligible for parole. Many countries impose life sentences without the possibility of parole for the most violent criminals. South Africa does not. Given the pandemic-level crime rates we are facing, we must consider whether this option should be introduced.”

“Victims should not have to live in fear that their attackers will one day walk free. Sentencing must prioritise the safety and rights of survivors over leniency for offenders. The trauma does not end when the trial does, justice should reflect that reality,” emphasised Glennie.

Currently, judges can impose a non-parole period or declare an offender a dangerous criminal, but Glennie believes more decisive sentencing laws are necessary. “Survivors need long-term assurance that their safety is not temporary. Justice must be about more than punishment; it must be about protection.”

This landmark case should be a turning point for parole policies in South Africa. Survivors deserve more than just awareness campaigns, they deserve a justice system that puts their safety first. TEARS Foundation urges the government to implement the necessary legal reforms and for survivors and the public to demand accountability.

“We cannot afford for this victory to be an exception,” Koen concluded. “This must become the standard. No survivor should have to fight this hard to feel safe.”