Court hears historic challenge to rape laws

JOHANNESBURG: A historic challenge to rape laws that civil society groups say offer perpetrators an easy way out is due to be heard in the High Court in Pretoria this month.

The case was launched in 2022 by the nonprofit organization The Embrace Project along with a young woman identified only as IH.

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In their view, the law is not strict enough against rape defendants who defend themselves by claiming that the decision was consensual.

In support of their argument, the applicants refer to the acquittal of IH’s alleged rapist on the grounds that the court could not be sure whether her husband subjectively knew that his consent was lacking, since she had not expressed her objection.

They also point to the much-publicised case of paramedic Loyiso Coko from the Eastern Cape province.

They say there is currently “an almost insurmountable hurdle” to convicting a defendant unless the state can prove that he or she intentionally committed the rape.

Ultimately, they want the legal definitions of rape and other consensual sexual offenses to be declared unconstitutional and invalid if they do not criminalize sexual violence in these cases.

The hearing in this case is scheduled for July 22 and 23.