Editor’s Note: Court strikes a blow against GBV but more action needed

The recent High Court ruling in Pretoria is a critical win in the fight against gender-based violence in South Africa.

Declaring sections of the Sexual Offences Act unconstitutional, the court addressed flaws in how consent is legally defined, particularly the dangerous defence that an accused “believed” there was consent. Historically, offenders could claim they thought the victim was consenting, leaving a loophole that too often denied justice.

Thanks to The Embrace Project and the Centre for Applied Legal Studies, this ruling requires those accused of sexual violence to take “objectively reasonable steps” to ensure consent.

This legal change has the potential to significantly improve conviction rates for rape and other sexual offences, which remain alarmingly low. The removal of a subjective belief in consent as a defence could limit victim-blaming and increase accountability for perpetrators.

Lee-Anne Germanos, director of The Embrace Project, hailed the judgment as an important step forward, making it harder for rapists to escape prosecution by claiming ignorance about consent.

However, while the ruling is a victory, it is only part of the solution. For this change to lead to successful prosecutions, the SAPS and prosecutorial system must be better equipped to handle these cases. The SAPS has long struggled with investigating rape effectively, from gathering evidence to handling survivors with care and sensitivity.

Prosecutors, too, need greater support to ensure rapists are not only charged but convicted. The country’s overburdened courts, plagued by delays and backlogs, further hinder justice for victims. Strengthening the capacity of prosecutors to navigate complex cases is essential if this ruling is to have a real impact.

Ultimately, while this ruling is a positive step toward justice, it needs to be part of a broader effort to combat South Africa’s rape pandemic. Legal reforms must go hand-in-hand with improvements in policing and prosecution to ensure that survivors of sexual violence get the justice they deserve.

* Quinton Mtyala, is the Western Cape Regional News Editor.

Cape Argus

Do you have something on your mind; or want to comment on the big stories of the day? We would love to hear from you. Please send your letters to arglet@inl.co.za.

All letters to be considered for publication, must contain full names, addresses and contact details (not for publication)

.

• High Court clarifies definitions of consent and rape after legal challenge