‘Stellies Hospital failed to report teen’s rape’

An advisory report by the public protector (PP) into the alleged rape of a teenager at Stellenbosch Hospital has found that staff failed to report the incident to police, but instead advised the patient’s mother to report the matter herself.

An advisory report by the public protector (PP) into the alleged rape of a teenager at Stellenbosch Hospital has found that staff failed to report the incident to police, but instead advised the patient’s mother to report the matter herself.

Published Apr 4, 2023

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Cape Town - An advisory report by the public protector (PP) into the alleged rape of a teenager at Stellenbosch Hospital has found that staff failed to report the incident to police, but instead advised the patient’s mother to report the matter herself.

In 2021 it emerged that a 15-year-old girl was allegedly raped by a 19-year-old male patient at the hospital, while a nurse witnessed the incident.

The girl’s family had accused the facility of negligence and claimed they were not informed timeously.

According to the PP report, the matter transpired on September 23, after a patient broke a window in the ward and ran in an attempt to escape.

The girl's family had accused the facility of negligence and claimed they were not informed timeously.

Two nurse assistants and security ran after the patient, leaving a nurse alone to attend to other remaining patients.

The nurse discovered the girl and the male were not present when she was checking on the patients.

“She continued checking and found the two patients engaged in an act of coitus in the patients’ toilet. In (observation) the manner in which they were engaged in the act of coitus, made her to believe that it was a mutual consensual act.”

Acting Public Protector Kholeka Gcaleka said the nurse recorded the incident in the girl’s file and informed the night staff manager about the incident.

Attempts to contact the parents of the girl were apparently made on September 24, without success, and they were eventually reached on September 25.

“Having considered various legal prescripts and interviewing several persons, conducting an inspection at the hospital, the investigation revealed inter alia that the professional nurse responsible for the adolescent psychiatric unit witnessed the incident, but hospital staff failed to report the matter to the SAPS and instead advised the patient’s mother to report the matter to the SAPS herself.

“Such a failure was short of what was expected of the hospital staff,” said Gcaleka.

The report said disciplinary action, in the form of corrective counselling, was taken against the nurse for failing to report the incident to her manager, and a doctor on duty for not immediately trying to contact the patient’s parents. It was recommended that within 60 days of receiving the advisory report, the head of department should develop and implement a directive stipulating the time frames within which an emergency must be reported.

The hospital should also ensure that patient files contain sufficient contact information and addresses, including alternative contact details to ensure that immediate family members of patients are easily contactable and provided with accurate information timeously.

According to the family spokesperson and community activist, Bianca Booysen, they were disappointed that once again they first learnt through the media about the findings and recommendation.

This is after the Public Service Commission (PSC) issued their report earlier last year

“We were not aware of such reports and findings. We will go through it and respond in due course.”

Provincial Health spokesperson Sandra Maritz said the department and Stellenbosch Hospital’s management noted the findings.

“We trust the findings clear up misleading media reports. Many improvements have been implemented since the incident and we will embark on further improvements in line with recommendations in the report. We can confirm that the renovations to the mental health ward are nearing completion,” said Maritz.

Cape Times