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Tough new anti-rape laws on the cards
Tania Broughton. The Mercury. 11 December 2002. Republished courtesy of Independent Newspapers (Pty) Ltd.
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New laws aimed at "eradicating the pandemic of sexual offences" in South Africa, by broadening the definition of rape, criminalising male and oral rape and giving free medical treatment to victims, will be put before parliament next year.
This follows a law commission stamp of approval last weekend to a draft Bill which will now be handed to the minister of justice and constitutional development.
Contained in the Bill - the result of four years of research and consultation - are far-reaching proposals which match, if not better, international laws on sexual abuse.
The Bill includes recommendations to:
-Change the definition of rape to include penetration "in any coercive" circumstance;
-Broaden the definition of rape to include failure to disclose to a sexual partner that you have a life-threatening sexually transferable infection, such as HIV/AIDS;
- Criminalise male rape - until now this offence has fallen under sexual assault;
- Criminalise oral rape;
- Make it illegal to manufacture or distribute "sex toys", such as child-like blow-up dolls, which "intend to promote a sexual offence with a child" and;
- Make it illegal for anyone convicted of a sexual offence to work with children, without informing their employer.
The Bill also deals with the care and protection of rape victims, both adults and children, from the time they report the crime, right through the criminal justice process.
It recommends that all rape victims be considered "vulnerable witnesses" entitled to a "support person", to the use of an intermediary and to give evidence by closed circuit television.
Often in cases of sexual abuse, embarrassment prevents many victims from reporting the matter immediately. To counter this, the Bill suggests that courts cannot draw any inference from the length of time taken to report the incident.
Traditionally, courts are cautious about evidence given by rape victims, particularly children. It is proposed this practice should be done away with.
The Bill provides for medical and psychological treatment of victims "immediately after the offence".
If the person is at risk of HIV/AIDS or any other sexually transmitted disease, they are to be given all treatment necessary, at state cost.
A controversial clause makes it possible for courts to declare a rapist a "dangerous sexual offender" if he or she has been convicted of child rape, convicted more than once for adult rape or been convicted of a violent sexual offence.
The Bill recommends that after serving sentence, such criminals undergo long-term supervision for at least five years.
The victim would have to be informed of this and any contraventions of this order on the part of the offender.
Joan van Niekerk, national chairperson of Childline and leader of the law commission project team which drafted the Bill, said she hoped the legislation would make it easier for rape victims - men, women and children - to come forward.
"We want victims to feel comfortable about reporting crime. We want them to feel safe and to believe that they have a voice.
"Our intention is not to victimise offenders but to make them accountable." |
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