In a criminal justice system where convictions for rape and sexual abuse are low, we are in accord with South African children's rights advocates in supporting diversion as a means to monitor, supervise, and rehabilitate juvenile offenders. Response of the Criminal Justice System to Gender Violence in Schools Coordination between the education and justice systems on investigating cases of sexual violence to ensure punishment of perpetrators is often ineffective, ill-conceived, or nonexistent. Despite legal obligations to bring sexual abuse to the attention of police, schools frequently fail to do so. Prosecutors express concern that schools are not fully cooperative with investigations of sexual abuse. In addition, the two systems are sometimes confused about their roles.
Young perpetrators provide a real conundrum for the education and justice systems.
Schools refuse to address accusations of rape through the school disciplinary process on the ground that it is a police matter. If the accused is young, police do not seek criminal penalties. He is still at school. Childline has been trying to work with both children. The School has not suspended the child, on the ground that the matter has been turned over to police, but the police aren't pursing the case because the perpetrator is too young.