A new high court ruling strengthens South African consent laws, offering more hope and protection for rape survivors.
The recent high court decision calls for stronger consent laws, giving rape survivors more protection and placing responsibility on the accused to ensure clear consent.One of the things men are particularly insensitive to – either deliberately or because they are hard-wired that way – is when their physical advances to a woman are rejected.
And, in a society like ours, they still hold the power over women, which means that, in many cases, rape is not so much sexual as it is an intimidatory exercise of that power. In a world where men misinterpret even the most innocent of actions or gestures to convince themselves that “she was begging for it”, it has become very difficult for women to say “no!” when they are under attack.‘It’s a great relief,’ says rape survivor after court declares sections of Sexual Offences Act unconstitutional
Under our law, as it currently stands, if a woman doesn’t offer a physical objection to her violation – by screaming or fighting – her rapist may use that fact in his defence by claiming he believed he had consent.
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