“If it is a tear let it be a tear, not a laceration”: Form J88 as evidence in prosecution of violence against women in South Africa

Abstract

The availability of the J88 form in court is believed to convey the precise clinical description of
the woman’s injuries as it is seen as prima facie evidence. This article reports how the J88 form
is used in prosecution of violence against women (VAW). A four-phased sensory ethnographic
design that used courtscapes, participants’ observation, document analysis and conversations
with prosecutors and court personnel to generate data was employed. In this paper the focus will
be on findings from conversations and reviews of relevant documents. The findings indicate that,
regardless of J88 being legally endorsed as prima facie and standalone evidence, some trials of
VAW cases continue without it. Most importantly, J88 forms presented for evidence are usually
‘silent’ as they don’t have any impact on prosecution of VAW. In some VAW cases, the J88 forms
are viewed as recall for a victim’s condition. We recommend a synergistic approach that is transdisciplinary
in nature in documentation of J88 forms. Such documentation will advance the legal
and health practices.