A historic challenge to rape laws that civil society groups say give perpetrators an easy out, is set to come before the High Court in Pretoria this month.
The case was launched in 2022 by non-profit organisation, The Embrace Project, together with a young woman only identified as IH.
They say the law isn’t strict enough on rape-accused whose defence is that they believed there was consent.
In support of their case, the applicants point to the acquittal of IH’s alleged rapist on the basis that the court could not be sure he subjectively knew he did not have consent because she didn’t signify her opposition.
They also point to the highly publicized case of Eastern Cape paramedic Loyiso Coko.
As things stand, they say there’s “an almost insurmountable barrier” to an accused’s conviction if the state can’t show he knowingly intended to commit rape.
Ultimately, they want the legal definitions of rape and indeed other consent-based s.e.xual offenses declared unconstitutional and invalid, insofar as they don’t criminalize s.e.xual violence in these instances.
The case has been set down for hearing on 22 and 23 July.
-EWN
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