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FOR4803 Assignment 3 2026 | Due August 2026 - Distinction Guaranteed

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FOR4803 Assignment 3 2026 | Due August 2026 - Distinction Guaranteed.

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1. INTRODUCTION

Rape remains one of the most pervasive and deeply entrenched forms of violence in
South Africa, characterised by high reported incidence, substantial underreporting, and
significant attrition within the criminal justice system (Machisa et al., 2023; Smythe,
2007, as cited in Woodhams & Labuschagne, 2026). The South African Police Service
(SAPS) annual crime statistics consistently report thousands of rape cases annually. In
the second quarter of 2024 alone, South Africa recorded more than 10,000 rape cases,
with reports indicating that approximately 103 women are raped each day (EFF,
2025). The Eastern Cape has the highest per capita rape rate, with 28 rapes per
100,000 people (Citizen, 2026).

A specific and highly challenging category of these crimes is serial rape, where the
same perpetrator commits multiple offences over time. Serial offenders commit multiple
offences over time, often adapting their behaviour in response to environmental
constraints and perceived risks (Woodhams & Labuschagne, 2012a, as cited in
Woodhams & Labuschagne, 2026). The identification of such offenders frequently
depends on the recognition of patterns across otherwise discrete incidents, which may
only become apparent retrospectively through forensic or behavioural linkage. The
investigation of serial rape is further complicated by the nature of the evidence typically
available; physical evidence may be limited or degraded, and forensic opportunities may
not be fully exploited during initial investigations (Adefuye et al., 2024, as cited in
Woodhams & Labuschagne, 2026).

While DNA profiling is widely acknowledged as a powerful forensic tool for
individualisation, its practical application in the context of serial rape investigations in
South Africa appears to be sub-optimal. The National Forensic DNA Database of South
Africa (NFDD), established through the Criminal Law (Forensic Procedures)
Amendment Act 37 of 2013, provides a critical intelligence tool in solving cold cases by
identifying unknown offenders and linking multiple crimes to identify serial offenders
(UNODC, 2024). However, there exists a significant gap between the theoretical

,potential of DNA profiling and its effective, efficient use in investigating and solving
serial rape cases.


This research report looks at how DNA profiling is used to investigate serial rape cases
in South Africa. It explains the laws that guide the use of DNA profiling, how the
technique works, and the correct way to collect and preserve DNA evidence. The report
also discusses the challenges that make it difficult to use DNA profiling effectively and
looks at good practices from other countries that South Africa can learn from. The aim is
to improve police investigations and help increase conviction rates in serial rape cases.




2. RESEARCH PROBLEM

According to Leedy and Ormrod (2010:44), the research problem is the central axis
around which the entire research effort revolves. It requires a clear and comprehensive
indication of what will be studied. A research problem must be a real-life issue,
substantiated by relevant sources such as official statistics and reports.

In South Africa, sexual offences, including rape, are pervasive and represent a serious
challenge to the criminal justice system. The South African Police Service (SAPS)
annual crime statistics consistently report thousands of rape cases annually. Recent
statistics reveal that rape continues to escalate, with 10,154 reported cases in the
second quarter of 2024 (EFF, 2025). Rape charges are the most registered of all sexual
offences charges; in 2023/24, 74.1% of the 8,621 new sexual offences cases reported
were rape cases (Parliamentary Committee, 2025). More critically, the conviction rate
for such crimes remains low, partly due to investigative weaknesses.

A specific and highly challenging category of these crimes is serial rape, where the
same perpetrator commits multiple offences over time. The ability to link these
geographically or temporally separated cases is a significant hurdle for investigators. In
the Ekurhuleni serial rape case, a prolific offender was linked to 97 rape-related

, incidents assessed during the investigation, of which 49 were linked through DNA
evidence, resulting in convictions on 90 counts of rape (Woodhams & Labuschagne,
2026). This case demonstrates both the potential and the challenges of DNA profiling in
serial rape investigations.

While DNA profiling is widely acknowledged as a powerful forensic tool for
individualisation, its practical application in the context of serial rape investigations in
South Africa appears to be sub-optimal. Preliminary evidence suggests that
investigators often fail to fully utilise available forensic techniques, resulting in low
identification and conviction rates. Although existing research does not focus exclusively
on DNA, it points to a systemic problem in the application of forensic methods.

The identified problem is that despite the legislative framework, including the Criminal
Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and the
Criminal Law (Forensic Procedures) Amendment Act 37 of 2013 which established the
National Forensic DNA Database (NFDD), there is a gap between the theoretical
potential of DNA profiling and its effective, efficient use in investigating and solving
serial rape cases. This gap manifests in case backlogs, lost evidence, and a failure to
link related cases, thereby allowing serial offenders to continue their crimes and
undermining the constitutional rights of victims to have their matters investigated and
prosecuted effectively. The DNA backlog has reached 141,190 cases as of December
2024, representing 36.81% of all cases far exceeding the 10% target (DNA Board,
2024).

Researching this problem is of paramount importance to improve police practice,
increase conviction rates, and enhance public safety.

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