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Sexual offences act unfairly discriminates against rape victims, ConCourt told

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By Rafieka Williams

The Constitutional Court on Thursday heard a challenge by rights groups seeking amendments to the Sexual Offences Act as it relates to rape.

The applicants argued that the Act, in its current form, was unconstitutional as it discriminated against victims by failing to fully protect their rights to equality, dignity, privacy, bodily and psychological integrity, and freedom and security.

The Embrace Project, the Centre for Human Rights, the Women’s Legal Centre, and Amici Curiae are asking the court to compel amendments that would require accused persons in sexual offence cases to clarify interpretations of “consent” and “intention.”

The matter before the court, involves separate matters of women survivors who had gone through the trial process, only for the perpetrators to be acquitted on appeal.

It was argued that when women are sexually assaulted, perpetrators are often acquitted because the State is unable to prove beyond reasonable doubt

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