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Remember: “Rape” has been redefined

Out of habit, people still refer to the common law crime of rape. The Sexual Offences Act replaced "rape" as we used to define it.

Since December 16, 2007, the Criminal Law (Sexual Offences) Amendment Act has changed our law regarding sexual offences.  The Act replaced some common law provisions on sexual offences and some sections of the Sexual Offences Act 23 of 1957. The Act also created new sexual crimes.

The Sonke Gender Justice webpage listed the main aims of the act.

“It aims to:

  1. Include all sexual crimes in one law;
  2. Define all sexual crimes;
  3. Make all forms of sexual abuse or exploitation a crime;
  4. Make sure that both men and women can use the law with regard to sexual crimes;
  5. Make sure that government departments work together to protect complainants from unfair treatment or trauma;
  6. Improve the way the criminal justice system (the courts and police) works;
  7. Make the age when both men and women can give permission (consent) to have sex, 16 years;
  8. Make sure that rape survivors get post-exposure prophlaxis (PEP), which is medical treatment that can reduce their chances of getting HIV from the rape;
  9. Allow rape survivors to find out if the person who raped them has HIV;
  10. Establish a National Register (a list of names) for Sex Offenders.”

It is important to remember that:

– Men and woman can be the victims of sexual assault.

– Sexual assault includes includes threats of sexual violation.

– Sexual assault is the sexual violation of a person without their consent.  Examples of sexual assault include direct or indirect contact between the genitals, anus or female breast of one person and a non-consenting person’s body.  The definition of sexual assault is very broad.  If you suspect that you might have been a victim of sexual assault, visit www.shukumisa.org.za for more on the topic.

– The definition of “rape” in terms of the act, includes a number of things.  If someone inserts their genital organs into the mouth, anus or genital organs of the victim without the latter’s consent, the victim has been raped.  If any part of someone’s body or any object is put into the anus or genital organs of the victim without his or her consent, it constitutes rape.  If the genital organs of an animal are put into the mouth of the victim without his or her permission, rape is involved.

Report rape and sexual assault to your nearest police station.

Nelspruit police station: 013 759 1008

Greater Rape Intervention Project: 013 752 5993

Also read: 17 life sentences for initiation school rapist

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