In terms of the Sexual Offences and Related Matters Amendment Act, a perpetrator of rape and/or sexual violence may be acquitted if they subjectively believed there was consent. The recent case of S v Coko highlighted the inherent challenges of the current legal definition of consent.
Lawyers for Human Rights (LHR) represented the Centre for Human Rights (CHR) and the Psychological Society of South Africa (PsySSA) as joint amici in the matter of The Embrace Project and Others v Minister of Justice and Correctional Services and Others on 22 and July 23 July 2024.
The PsySSA submission highlighted how trauma suffered by survivors of sexual assault impacts their expression of consent. Non-active peritraumatic responses to sexual violence necessitate an objective and active understanding of consent.
On 30 September 2024, the Pretoria High Court handed down judgment declaring certain provisions in the Sexual Offence Act as unconstitutional for failing to protect GBVF victims against legal bias in favour of perpetrators.
Gratitude is extended to everyone involved in this significant GBV-related work. A special thanks to Ms Anne Kramers-Olen and the Sexuality and Gender Division of PsySSA, for their invaluable contributions.
Read about the case at the link below.