FRONEMAN J [140] In K, this Court expressed this general duty as follows: ―Our Constitution mandates members of the police to protect members of the community and to prevent crime. It is an important mandate which should quite legitimately and reasonably result in the trust of the police by members of the community. Where such trust is established, the achievement of the tasks of the police will be facilitated. In determining whether the Minister is liable in these circumstances, courts must take account of the importance of the constitutional role entrusted to the police and the importance of nurturing the confidence and trust of the community in the police in order to ensure that their role is successfully performed.‖73 [141] This Court has noted the duty on the state to take steps to prevent the violation of the rights of women and children: ―The police is one of the primary agencies of the state responsible for the protection of the public in general and women and children in particular against the invasion of their fundamental rights by perpetrators of violent crime.‖74 [142] These factors, trust in the police and the special vulnerability of women and children, are also present in this case. The applicant was 13 years old at the time of the incident. And it was objectively established that the fact that Mr van Wyk was a policeman played a role in her decision to accept assistance from him.75 73 K above n 1 at para 52. 74 Carmichele (CC) above n 46 at para 62. See also S v Baloyi (Minister of Justice and Another Intervening) [1999] ZACC 19; 2000 (2) SA 425 (CC); 2000 (1) BCLR 86 (CC) at para 13. 75 Supreme Court of Appeal judgment above n 4 at para 14. 57