Man allegedly raped by woman who became pregnant and is now suing against the Children’s Act

JOHANNESBURG – A Johannesburg man is challenging provisions of the Children Act that he says unfairly place parental responsibility for children born from rape on male rape victims.

The challenge is aimed at the definition of a parent as it appears in the law.

The father of a child conceived as a result of the rape of his mother is currently excluded from this. He says this should also be the case for the father of a child conceived as a result of his own rape.

In the files, the complainant describes in detail how he himself was raped by a woman.

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He said he agreed to have sex with her on the condition that they use a condom, but she removed it during intercourse without his consent.

Afterwards, he said, she sent him a text message – a copy of which he has attached – in which she apologized for “pressuring” him into unprotected sex.

“I was confused, angry and felt hurt because I did not consent to this action,” he said.

“I am trying to come to terms with what happened and it has been difficult to get help even from the police as society in general believes that a man cannot be raped or sexually abused. I am currently attending counselling on the issue,” he revealed.

The woman eventually became pregnant, and the man says he never met the child and “has no desire to meet him, given the circumstances in which the child was conceived.” The two are now involved in a legal dispute over child support.

In its current form, the definition in question violates his right to equality and that of other men and constitutes discrimination on the basis of sex, he said.

“The legislature, while drafting the Act, particularly the controversial provision, had the common law definition of rape in mind. However, the Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 repealed the common law offence of rape and replaced it with a new expanded statutory offence of rape. Therefore, men too are and can be victims of rape by women,” he explained.

He also said that the law violates the right to dignity and, consequently, the right to family life by imposing a “lifelong obligation” on a rape victim. Furthermore, it is not in the best interests of the child to grant him parental rights.

“Every single child deserves to be loved and cared for with dignity… I have no intention of getting to know the child or being part of his life,” he said.

The man’s lawyer, Mabu Marweshe, believes the case could go a long way in destigmatising a subject that is still widely considered taboo.

In its current form, Marweshe says, the legislation still assumes that men cannot be victims of rape.

“This will really have an impact – in a positive sense – because it could even encourage men to open up and – if possible – contact the police if they have been a victim of rape.”

Marweshe further said that if the case is successful, it would ensure equality between male and female rape victims.

“As it stands – in terms of the constitution – it is clear that the Children’s Act discriminates against men who are victims of rape. Then equality would be restored.”

The Minister of Justice and Social Affairs as well as the man’s alleged rapist are named as defendants in the case.

Marweshe said none of them had lodged an objection so far.