Should We Consent? - Rape Law Reform In South Africa (Paperback)

For more than a decade, South Africans have been advocating a reform of the country’s laws on sexual offences. South Africa has one of the highest levels of reported rape in the world, and legislative reform was seen as an essential step towards shifting the understanding of rape and its treatment within the criminal justice system.

Since 1996 the activism has focused on the South African Law Reform Commission’s investigation into sexual offences, and the parliamentary process, which culminated at the end of 2007 in the Criminal Law (Sexual Offences and Related Matters) Amendment Act.

Many of the authors of Should We Consent? were involved in substantive legal submissions, research and legislative drafting and promoting changes to the law to provide rape victims with effective redress and protection. Drawing on a body of empirical, social and legal scholarship, this unique text charts the critical social and legal debates and jurisprudential developments that took place during the rape law reform process.

This book also provides important insights into the engagement of civil society with law reform and includes thoughtful and contemporary discussions on topics such as ‘defining’ rape, HIV, sexual offences against children and sentencing of sexual offenders.

• Examines the successes, challenges and defeats of rape law reform
• An important reflection on the engagement of civil society with government in precipitating and sustaining this important law reform process.
• Highlights the significance of rape law reform inclusion or exclusion at various stages in the process
• Discusses the strategic decisions made by gender activists and the context in which these decisions were made
• Discussions are from a comparative and international context
• Emphasizes potential implementation challenges and considering how these might be addressed in terms of law and policy.