Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Defining the crime of rape under South African law : a reconsideration
Thesis (LLD)--University of Pretoria, 2006.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Published: |
University of Pretoria
2013
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613588741423104 |
|---|---|
| access_status_str | Open Access |
| author2 | Viljoen, Frans |
| author_browse | Viljoen, Frans |
| author_facet | Viljoen, Frans |
| collection | Thesis |
| dc_rights_str_mv | © 2002, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2006. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/26436 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:38:32.434Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2013 |
| publishDateRange | 2013 |
| publishDateSort | 2013 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/26436 Defining the crime of rape under South African law : a reconsideration Viljoen, Frans Van der Bijl, Charnelle Sex crimes South Africa Sex and law South Africa Rape South Africa UCTD Thesis (LLD)--University of Pretoria, 2006. The study undertaken is concerned with the reformulation of the common law crime of rape from a juridical and socio-psychological perspective. It is based on the premise that the common law definition of rape is insufficient. Specific attention is given to the current crime of rape and the proposed amendments introduced by the South African Law Commission. In the haste to transpose the concept of gender-neutrality implemented in other countries to the crime of rape in South Africa, the basic reasoning behind why the crime of rape should be extended to certain categories of victim has been neglected. Rape as a form of penetrative sexual assault is critically examined. The focus of this study is to identify categories of penetrative sexual assault victim in order to justify the extension of the crime to certain victims and to facilitate the application of an extended definition to factual situations. The classification of victims is accomplished with reference to psycho-social data in order to provide a plausible explanation as to why the crime of rape, which was originally created as a property crime, should be extended to additional victims. The common law crimes which can be applied to penetrative sexual assault victims are critically examined. A comparative overview of the definitions of rape adopted in Australia, Britain and the United States of America is undertaken. An investigation is also undertaken into the impact of HIV on rape victims. The extension of the definition of rape to persons who engage in unprotected sexual intercourse with a person who intentionally exposes him or her to the HIV virus or another life threatening illness is examined. The possibility of consolidating the common law crimes into a statutory offence applicable to harmful HIV related behaviour for purposes of expediency and deterrence is examined. A perspective is therefore provided as to the motivation behind why additional penetrative sexual assault victims should be classified as rape victims. The efficiency of the current and proposed definitions of rape is highlighted and examined. Where lacunae are established, solutions are proposed. Jurisprudence Unrestricted 2013-09-07T05:30:10Z 2005-07-20 2013-09-07T05:30:10Z 2003-04-01 2006-07-20 2005-07-20 Thesis Van der Bijl, C 2002, Defining the crime of rape under South African law: a reconsideration, LLD thesis, University of Pretoria, Pretoria, viewed yymmdd < http://hdl.handle.net/2263/26436 > H487/ag http://hdl.handle.net/2263/26436 http://upetd.up.ac.za/thesis/available/etd-07202005-122639/ © 2002, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf University of Pretoria |
| spellingShingle | Sex crimes South Africa Sex and law South Africa Rape South Africa UCTD Defining the crime of rape under South African law : a reconsideration |
| title | Defining the crime of rape under South African law : a reconsideration |
| title_full | Defining the crime of rape under South African law : a reconsideration |
| title_fullStr | Defining the crime of rape under South African law : a reconsideration |
| title_full_unstemmed | Defining the crime of rape under South African law : a reconsideration |
| title_short | Defining the crime of rape under South African law : a reconsideration |
| title_sort | defining the crime of rape under south african law a reconsideration |
| topic | Sex crimes South Africa Sex and law South Africa Rape South Africa UCTD |
| url | http://hdl.handle.net/2263/26436 http://upetd.up.ac.za/thesis/available/etd-07202005-122639/ |