DStv Channel 403 Friday, 08 November 2024

Gender Based Violence | Battle over definition of consent in rape cases

JOHANNESBURG - Lawyers for Human Rights has joined the Centre for Human Rights and the Psychological Society of South Africa in their legal challenge of the current definition of consent in sexual assault cases.

READ: Free State police concerned over increase in rape cases

The Criminal Law Act of 2007 allows for a subjective standard of consent in rape cases.

Senior attorney, Kayan Leung explained what the case entails.

She said "Essentially this is seeking to challenge specific provisions within the sexual offenses act in relation to its constitutionality."

"Essentially they're saying that the current status quo of interpretation of a subject of test on the issue of consent is problematic." 

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