case
10 May 2007
Extension of the Common Law Definition of Rape
The Commission on Gender Equality (CGE) is disappointed that today's
Constitutional Court ruling means that the accused, Masiya, will only be
convicted on indecently assaulting the little girl victim, instead of rape as
it has now been re-defined. Our disappointment is also in that Masiya's
conviction has not been made to apply retrospectively.
We are further disappointed that the revised law defines rape to encompass
non-consensual anal and vaginal penetration of females only. The CGE being a
gender-sensitive body, we would have liked to see the definition of rape being
extended to include non-consensual anal penetration of men as well (which
currently still constitutes indecent assault).
We view the basis of today's ruling, in limiting the re-definition of rape
to females only, to be a conservative approach in judging these types of sexual
offences that deal with violation of individuals' personal dignity irrespective
of gender. Against the backdrop of cases of males also being sexually abused,
and of the passing of the Civil Union Act, there should be no distinctions
drawn in making such rulings (i.e. gender-neutral).
While we appreciate majority judgement's acceptance of the extension of the
definition of rape of females, we agree with the dissenting point that the
limitation would not necessarily increase the protection of women.
CGE conveys its sympathy to the family of Masiya's victim. We will be
studying the judgment in detail and will decide on a course of action
thereafter.
Contact:
Yvonne Mogadime
CGE Communications
Tel: 011 403 7182
Cell: 076 979 1279
Fax: 011 403 7188
Issued by: Commission on Gender Equality
10 May 2007
Source: Commission on Gender Equality (http://www.cge.org.za)
