This unique text charts the critical social and legal debates and jurisprudential developments that took place during the rape law reform process from a comparative and international context. It also provides important insights into the engagement of civil society with law reform and includes thoughtful and contemporary discussions on the topics. It highlights the significance of rape law reform inclusion or exclusion at various stages in the process and discusses the strategic decisions made by gender activists and the context in which these decisions were made. The book also emphasises potential implementation challenges and considers how these might be addressed in terms of law and policy.


Key Features

• Examines the successes, challenges and defeats of rape law reform
• An important reflection on the engagement of civil society with government in precipitating and sustaining this important law reform process
• Highlights the significance of rape law reform inclusion or exclusion at various stages in the process
• Discusses the strategic decisions made by gender activists and the context in which these decisions were made
• Discussions are from a comparative and international context
• Emphasizes potential implementation challenges and considers how these might be addressed in terms of law and policy.
  
  

INTRODUCTION: SHOULD WE CONSENT? - Lillian Artz and Dee Smythe

• The law reform process 
• Should we consent? Charting out the Sexual Offences Act 
• Feminism and law reform

THE POLITICS OF A DEFINITION - Nikki Naylor

• Elements (and semantics) of the crime of rape
• Consent and coercion: Lessons from international tribunals 
• Comparative legislative developments
• The South African law reform process: After eleven years of drafting and (re)drafting the definition of rape how far have we (not) come?

RAPE AND HIV/AIDS: WHO’S PROTECTING WHOM? - Sarai Chisala

• The social context of HIV/AIDS in South Africa 
• Criminalising harmful HIV-related sexual conduct 
• Critical analysis and implementation challenges

GETTING SOMEWHERE SLOWLY — THE REVISION OF A FEW EVIDENCE RULES - PJ Schwikkard

• Evidentiary provisions in the law reform process

THE PERSONAL IS THE POLITICAL: DISCLOSURE OF RAPE COMPLAINANTS PERSONAL RECORDS - Bronwyn Pithey

• Effects of disclosure of personal records on victims, counsellors and the criminal justice system
• Legal rules: The use of personal records in criminal proceedings
• Comparative position: Lessons from Canada
• South Africa

THE PSYCHO–SOCIAL IMPACT OF RAPE AND ITS IMPLICATIONS FOR EXPERT EVIDENCE IN RAPE TRIALS - Anastasia Maw, Gail Womersley and Michelle O’Sullivan

• The psychological impact of rape 
• Psychological expert testimony in rape trials 
• Recommendations

CHILDREN AND SEXUAL OFFENCES - Jacqui Gallinetti and Daksha Kassan

• Protective mechanisms for child victims appearing in Court
• Exclusion of the vulnerable witness provision from the Sexual Offences Act
• Child sex offending 
• Background to child justice developments in South Africa 
• Case law developments relating to child justice

HALF–HEARTED HIV–RELATED SERVICES FOR VICTIMS - Stefanie Roehrs

• Post-exposure prophylaxis 
• Compulsory HIV testing of alleged sexual offenders

POLICING SEXUAL OFFENCES: POLICIES, PRACTICES AND POTENTIAL PITFALLS - Dee Smythe and Samantha Waterhouse

• The existing policy environment 
• Challenges in policing sexual violence 
• The South African Law Reform Commission’s recommendations on the police 
• Evaluation of the Law Commission’s approach
• The Sexual Offences Act

SENTENCING AND MANAGEMENT OF SEXUAL OFFENDERS - Yonina Hoffman-Wanderer

• Part 1: Sentencing sexual offenders
• Part II: The management of sexual offenders

CLAIMS AND ENTITLEMENTS OR SMOKE AND MIRRORS? VICTIMS’ RIGHTS IN THE SEXUAL OFFENCES ACT - Heléne Combrinck

• What are 'victims rights'? 
• The problem with the criminal justice system 
• The problem with sexual assault trials 
• Proposals for 'systemic' interventions
• Proposals for inclusion of rights and duties in the Bill during the legislative process 
• Evaluation: Adding it all up

TABLE OF CASES

• Teachers and researchers of law and policy, gender and public policy, women’s studies, and criminal justice practice in South Africa and in comparative jurisdictions, such as the United States, United Kingdom and other Commonwealth countries
• Judges and magistrates
• Legal practitioners seeking to come to grips with the new Sexual Offences Act and its background
• ‘Violence against women and children’ NGOs
• Law libraries
• Activists working to reform local laws relating to sexual offences in comparative jurisdictions