Oct
14
2024
Minister of Justice opposed the case to have “defence of subjective consent to rape” scrapped
By Geoffrey Allsop
The Johannesburg High Court has delivered a significant judgment. It has declared unconstitutional the defence of “subjective consent” to a charge of rape. Judge Selby Baqwa said such a defence unjustifiably violates the constitutional rights of rape survivors and complainants to equality, human dignity, privacy and...