definition of rape extended
Posted 26 July 2006

Pretoria High Court Judge, Natvarial Ranchod, declared the common law definition of rape, as it currently stood, unconstitutional and extended the definition to include acts of non-consensual anal penetration. This ruling brings male rape into the ambit of rape.

Ranchod said the common law definition of rape discriminated against males and females and this discrimination is illogical. The definition was based on social values which were no longer valid and negated the constitutional imperatives of due protection of all children (male or female) and the equal upholding by the law of the dignity and respect of all persons.

Ranchod referred his judgment to the Constitutional Court for confirmation. Deputy director of public prosecutions Retha Meintjes said the judgment was binding on the Transvaal Provincial Division, and also on all lower courts countrywide. If the Constitutional Court confirmed the judgment, it would, however, bind all courts nationally.

News24, 25 July 2006 & IOL, 26 July 2006