VIRGINITY TESTING SAPSAC Conference 6 November 2019 VIRGINITY

VIRGINITY TESTING SAPSAC Conference 6 November 2019

VIRGINITY • Concept & status – confusing • Representation of purity • 14 th Century – Spiritual & physical • 16 th Century – Health issue: disease of virgins cured by sex!!

PURITY • Controlling female sexuality (especially in patriarchal societies) • Moral character & social value of a woman • Female promiscuity reflects social disorder • Purity / Virginity essential for – Family honour – Valid marriage – Legitimate children – Certain jobs

VIRGINITY TESTING? • Process / practice to establish if a person (female) has had sexual intercourse • Involves assessment of hymen or vagina • Controversial – Assumptions – Implications – Ethics

REALITY • Usual performed on – Females – Single – In situations where they cannot consent

REASONS • • Social Cultural Political Medical • • • Ensure morals Preserve culture Reduce teen pregnancy Prevent STI / HIV Detect abuse Deter premarital sex Part of sexual assault assessment Application process for a job Violence & suppression

SOCIAL • Royal affirmation – England – Zulu requirement of royal bride until 21 st C Participation in Reed dance • Job application – Job necessitates appropriate moral character – Applicant or spouse – Army or police force – Indonesia

CULTURAL • Zulu – “Part of religion” – Education & promotion of moral behaviour • Swaziland / Zimbabwe – Preventing promiscuity and protecting people • Sudan – Requirement for teen bride • Middle East / Turkey – Controlling female sexuality in patriarchal society

POLITICAL • Egypt – 2011 – detainees – “to refute claims of rape in detention” / Torture • Iran / Afghanistan – Suppression of minorities – Investigations of moral

MEDICAL • Assessment of sexual assault – Genital exam – 2 -finger test • Widespread in SE Asia • Obligatory if rape reported • Triple trauma – Rape – Examination – Conclusion

PROCESS MEDICAL / POLITICAL • • Medical practitioner Private ? Consensual Procedurally variable 2005 USA – only 64% of paediatric chief residents could correctly identify genital anatomy

PROCESS CULTURAL / SOCIAL • • Community elder (♀ / ♂ ) Mobilisation Public inspection Announcement

REALITY

ASSUMPTIONS • Hymen – Torn during sexual intercourse – No other process can tear the hymen • Vagina – 2 -finger test – Tone is altered following sexual intercourse

FINDINGS

CLINICAL FINDINGS IN ALLEGED SEXUAL ABUSE PARADISE 1990, PEDIATR CLIN NORTH AM 37: 839 -862

CURRENT EXPERIENCE • Kellog (Pediatrics, 2004) – 36 pregnant teenagers • Mean age 15, 1 years • 22 (64%) normal / nonspecific examination • 2 (6%) definite evidence of penetrating injury A normal examination does NOT mean nothing happened

REALITY • • Genital tract is dynamic and designed for sex Sexual activity includes seduction / nonviolence No threshold at which examination is abnormal Examination: – May confirm sexual assault – It cannot exclude it

IMPLICATIONS • Physical harm – The process – pain / aggravation of injuries – The reaction – suicide / assault – Dysfunctional sex life • Psychological harm – Loss of autonomy & invasion – Fear and anxiety – Depression • Social harm – Stigma – exclusion from jobs or marriage – Shame, dishonour & ostracism – Target for perverse practices Honour killing Family shame Unemployment No marriage Rape

ETHICS • Based on historical norms – Regulate female sexuality – Justify violence against women • Perpetuate belief that women – Are not autonomous – Are responsible for all sexual activity & misconduct • Violation of Rights – Autonomy (voluntariness) – Privacy – Discrimination

PROMOTION • 1993 KZN revive cultural practice • 2004 Zimbabwe protection against HIV • 2013 Indonesia reduce promiscuity annual testing of schoolgirls • 2015 Uthukela protect women study bursary for virgins

BANNED • 1997 UK testing of fiancè • 2005 RSA girls under-16 • 2011 Egypt military testing • 2014 India TFT for rape • 2018 Bangladesh TFT for rape

MALE VIRGINITY TESTING • Uncommon • Promoted in KZN since early 2000 • “Signs” of male virginity – Male hymen • White lacy membrane on foreskin; restricts mobility – Vein on penis • Disappears after sex with a virgin – Urinary stream • Sprays after sexual debut – Knees • Dark / lax patella tendon

RSA RESPONSE • Legal – Bill of Rights – Constitution – Children’s Act • Regulation – Consent form • Practice – Poor support for implementation of above

RSA BILL OF RIGHTS s 9 (1) Everyone is equal before the law… (3) May not discriminate … on one of more ground, including gender & sex s 10 Everyone has the inherent dignity and the right to have their dignity respected and protected s 12 (2) Everyone has the right to bodily and psychological integrity, which includes the right – (b) to security in and control over their body; s 14 Everyone has the right to privacy, which includes the right not to have – (a) Their person or home searched; …. s 28 (1)(d) “to be protected from maltreatment, neglect, abuse and degradation (2) “[a] child’s best interest are of paramount importance in every matter concerning the child”

RSA CONSTITUTION S 30 “Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights” s 31 (1) “Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community – • (a) to enjoy their culture, practice their religion and use their language; and • (b) to form, join and maintain cultural, religious and linguistic associations and other organs of civil society. ” (2) “The rights in subsection (1) may not be exercised in a manner inconsistent with any provision in the Bill of Rights. ” Founding values of our constitution include human dignity, equality and non-sexism

CHILDREN’S ACT s 12 (1) Every child has the right not to be subjected to social, cultural and religious practices which are detrimental to his or her well-being. (4) Virginity testing of children under the age of 16 is prohibited. (5) Virginity testing of children older than 16 may only be performed? (a) if the child has given consent to the testing in the prescribed manner; (b) after proper counselling of the child; and (c) in the manner prescribed. (6) The results of a virginity test may not be disclosed without the consent of the child. (7) The body of a child who has undergone virginity testing may not be marked.

“Virginity exams reflect the presumption that families, communities, and the state have a legitimate interest in a woman’s sexual conduct. They involve pain, humiliation, and intimidation. These exams constitute cruel and inhuman treatment and are a violation of women’s rights to physical integrity, sexual autonomy and privacy. ” Human Rights Watch 2004

“A practice that intends to promote good morals and decrease sexual activity …. propagates sexism” “Virginity testing compromises and potentially violates the girl -child’s right to equality, dignity, privacy and freedom and security……. . ……the prohibition of virginity testing… constitutes a justifiable limitation of the cultural rights of the adherents of this practice…. . … the physical examination of girl-children that constitutes virginity testing can not hold up to constitutional scrutiny. ” SA Human Rights Commission