Abstract
Section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 defines rape in the following terms: ‘Any person (‘A’) who unlawfully and intentionally, commits an act of sexual penetration with a complainant (‘B’), without the consent of B, is guilty of the offence of rape.’ This paper focuses on one component of the definition, namely fault. It is argued that a mistaken but unreasonable belief in consent should not be recognised as a defence and that a normative approach could soften the focus on the behaviour of the complainant and send a clear signal that our commitment to constitutional values requires us to take due care in our interactions with others. The argument is made with full awareness that law reform is a very small cog in addressing the scourge of rape.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
