Posted by: TTM | 2007/05/10



Shock ruling on male rape
10/05/2007 11:26 - (SA)

Johannesburg - Non-consensual penetration of a man's anus does not constitute rape, the Constitutional Court ruled on Thursday.

However non-consensual penetration of a woman's anus does, the court found.

Delivering the judgment Justice Nkabinde found that extending the definition to include penetration of a man encroached on legislative terrain.

The court overturned the conviction of Fanuel Setakeni Masiya for the rape of a nine-year-old girl found to have been anally but not vaginally penetrated.

It found that the extended definition of rape could not be applied retrospectively to Masiya. It came into effect from the date of judgment.

While rape of a minor carried a minimum sentence of life imprisonment, there is no prescribed sentence for indecent assault.

The court found that Masiya's crime was one of indecent assault, not rape, and referred the case back to the Pretoria Regional Court for sentencing.

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Posted by: LONEWOLF | 2007/05/11

I fully agree Nikki. In general it sometimes seems that it is too easy to get away with sexual crimes. Some are particularly hard to proof or leads to further suffering for the victim. Fore example, I was a victim of extensive sexual abuse as a child. Although the acts never constituted the act of rape, it was equally unacceptable and difficult to deal with. It took me many years to confront the problem for a number of reasons. Although I know and am still in contact with the perpetrators, it would simply be too and difficult to proof it after so many years. It is the type of crime that if going unpunished, causes lifelong suffering for the abused. I discussed the issue with various therapists and legal council, and all agreed that prosecution will be virtually impossible and will possibly only cause more pain. So in the end the end the victim is left to live with it.

Posted by: NIkki | 2007/05/10

South AfricaConCourt elaborates on rape ruling2007-5-10 14:11Johannesburg - Non-consensual, penile penetration of a woman whether it be anal or vaginal, constitutes rape, the Constitutional Court ruled on Thursday.
However it refused to find that non-consensual anal penetration of a man was rape, holding that this was the function of the legislators and not the court.

"It can hardly be said that non-consensual, anal penetration of males is less degrading, humiliating and traumatic (than that of females)..." Justice Bess Nkabinde found in a majority judgment.

"That this is so does not mean that it is unconstitutional to have a definition which is gender-specific.

Thought so ...... law makers hurry up !!!!!


Reply to NIkki
Posted by: Nikki | 2007/05/10

I think all the Con-Court is saying is that society need to wake up and write the necessary laws to extend rape as it is currently defined in the law.

Does anyone know who are looking at this issue?


Reply to Nikki

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