Rape and consent: A pivotal case before Concourt

THE Constitutional Court has reserved judgment after hearing oral evidence from parties who seek to have parts of the Criminal Law (Sexual Offences and Related Matters) Act, 32 of 2007, concerning consent, declared unconstitutional.

- CHEVON BOOYSEN

The applicants, in their pursuit of law reform, have requested the court to declare certain sections of the Act unconstitutional and invalid, focusing specifically on provisions related to sexual offences where the absence of consent is a key element, particularly in cases of rape.

Embrace Project, a nonprofit organisation which aims to combat gender-based violence, and rape survivor Inge Holztrager have filed an application challenging the constitutionality of the Act.

In their persistence for law reform, the applicants have sought from the court to declare sections of the Act unconstitutional and invalid where the challenge hinges on specifically provisions dealing with sexual offences in which the absence of consent is a constituent element, most notably rape.