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Should We Consent? Rape Law Reform in South Africa

Resource Description: 

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
Fax: +27(0) 21 761 5861
Tel: +27(0) 21 763 3600

Link to Resource: 
http://www.juta.co.za/terms.jsp
Refers To Conference: 
The South African Domestic Violence Act National Conference, 26 - 28 November 2008, Johannesburg, South Africa