Resources
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SWEAT was a birth child of the early nineties, its origin capturing the excitement and hope that went with the transition from apartheid to democracy and a constitution respecting human rights. Work with sex workers began as a social work student action under the guidance of Gay Association of South Africa and UCT social work department in 1990. Shane Petzer, a male sex worker and the founding member of SWEAT, drove forward the work which in 1994 developed into a project of ASET [AIDS Support, Education and Training] with the purpose of establishing a non-governmental service organisation focusing on safer sex educational work with adult sex workers. With the expansion of work SWEAT became independent in 1996, and registered as a non-profit organisation.
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South Africa has one of the highest levels of reported rape in the world, and legislative reform was seen as an essential step towards shifting the understanding of rape and its treatment within the criminal justice system. Since 1996 the activism has focused on the South African Law Reform Commission's investigation into sexual offences, and the parliamentary process, which culminated at the end of 2007 in the Criminal Law (Sexual Offences and Related Matters) Amendment Act.
Drawing on a body of empirical, social and legal scholarship, this unique text charts the critical social and legal debates and jurisprudential developments that took place during the rape law reform process. This book also provides important insights into the engagement of civil society with law reform and includes thoughtful and contemporary discussions on topics such as 'defining' rape, HIV, sexual offences against children and sentencing of sexual offenders.The authors, many of whom were involved in substantive legal submissions, research and legislative drafting and promoting changes to the law, include:
* Lillian Artz * Sarai Chisala * Heléne Combrinck * Jacqui Gallinetti * Yonina Hoffman-Wanderer * Daksha Kassan * Anastasia Maw * Stefanie Roehrs * Nikki Naylor * Michelle O'Sullivan * Bronwyn Pithey * PJ Schwikkard * Dee Smythe * Samantha Waterhouse * Gail Womersley
Contents include
- South Africa's rape law reform in an international context
- Defining rape
- Issues of consent
- Harmful HIV-related conduct
- HIV services for victims
- Revision of evidence rules: caution, corroboration & delays
- Disclosure of rape complainants personal records
- Victims rights in the new Sexual Offences Act
- Psycho-social impact of rape and its implications for expert evidence in rape trials
- Special issues relating to the youthfulness of victims and offenders
- The politics of sexuality
- Vulnerable witnesses and protective measures
- Policing sexual offences
- Sentencing & supervision
- Managing rape case attrition
Of Interest and benefit to
- Teachers and researchers of law and policy, gender and public policy, women's studies, and criminal justice practice in South Africa and in comparative jurisdictions, such as the United States, United Kingdom and other Commonwealth countries
- Judges and magistrates
- Legal practitioners seeking to come to grips with the new sexual offences act and its background
- 'Violence against women and children' NGOs
- Law libraries
- Activists working to reform local laws relating to sexual offences in comparative jurisdictions
JUTA LAW CUSTOMER SERVICES
Email: cserv [at] juta [dot] co [dot] za
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This discussion paper has been prepared to elicit responses from interested parties and to serve as a basis for the Commission's deliberations. Following an evaluation of the responses and any final deliberations on the matter, the Commission may issue a report on this subject which will be submitted to the Minister of Justice and Constitutional Development for tabling in Parliament.
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The Constitution of South Africa (1996) lays down in Article 1 the fundamental values on which the republic is founded and includes among these non-sexism. The equality clause of the constitution includes a provisor that is aimed at ensuring substantive rather than merely formal equality: "Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken." (1996, Article 9.2.). Though the Constitution does not specify those who have been disadvantaged by unfair discrimination the South African courts have interpreted it to include women.
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This is the statement made by South African feminists gathered at the AWID Forum in November 2008.
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This document is sources from the South African Police Service website, and details the 'new approach' to domestic violence. It includes definitions of domestic violence, police officer duties and powers with regard to crimes relating to domestic violence
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This document is sources from the South African Police Service website, and details the 'new approach' to domestic violence. It includes definitions of domestic violence, police officer duties and powers with regard to crimes relating to domestic violence
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This study highlights the need for standardised clinical management guidelines for sexual assault service delivery. Results indicated that there was significant provincial variability in sexual assault service delivery. Providers’ attitudes towards sexual assault as well as the availability of a protocol in the facility differed significantly between provinces. The provider's awareness of the presence of a protocol in the facility was significantly associated with higher quality of care. There is no one province that was found to be better in all areas of sexual assault services when considering all aspects explored in this study.
