A critical analysis of the offence of rape in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007: identifying challenges and providing solutions thereto.

Abstract

This study examines the reformation of rape laws in South Africa and challenges two inadequacies which are the result of the statutory definition of the offence created by the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The first inadequacy being challenged is the retention of consent as an element of the offence. The second inadequacy is the bundling together of all acts of sexual penetration under the label of rape, which arguably infringes the principle of fair labelling. In the course of raising the above mentioned challenges, the present study also offers possible solutions to the impugned aspects of the offence.