n South African Law Journal - Extending the scope of rape - a dangerous precedent : note

Volume 124, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



In the recent decision of the Constitutional Court in (Centre for Applied Legal Studies & another, Amici Curiae) 2007 (5) SA 30 (CC); 2007 (2) SACR 435 (hereafter ) the court extended the scope of the common-law crime of rape to include, in addition to penile non-consensual penetration of the complainant's vagina, such penetration of her anus. The court held (para 18) that this was necessary in order duly to recognize a woman's right to dignity (s 10 of the Constitution of the Republic of South Africa, 1996), equality (s 9(1)) and freedom and security of her person (s 12).

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