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Browsing Public Law by Author "Botha, R"

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    Exploring the criminalisation of rape in modern times: A comparative study
    (University of the Free State, 2021) Peens, Janine; Botha, R
    South Africa’s rape statistics are extensively reported on, familiar to all, and shock not only South Africans, but people across the globe. These rape statistics are alarming and emphasise the seriousness of the rate at which the crime of ‘rape’ is committed in South Africa. Below is a brief summary of reported rape statistics since 1988. During 1988, there were 19 308 cases of rape reported to the South African Police Service.¹ Before the end of the apartheid era in 1994, the rape of a black woman was not taken that seriously.² At the end of 1994, when the rape of black women was considered more serious, there were 44 751 reported cases of rape.³ During 2018/2019, the South African Police Service recorded 41 583 cases of rape, which amounted to approximately 114 cases of rape each day.⁴ A Gallup survey done in collaboration with Interpol during 2009 stated the following when the results were released: “A woman is raped every 17 seconds in South Africa”.⁵ This amounts to 5 000 women being raped per day; 35 000 women per week; 150 000 women per month; and 1 800 000 women being raped per year.⁶ Thus, when looking at the statistics mentioned above, it is understandable that South Africa has been labelled as the “Rape Capital of the World”.⁷ Traditionally, according to South Africa’s Common Law, women were seen as less important than men. During the late Middle Ages, from the 13th to the 15th century, the sentence for rape was a fine payable to the father of the victim.⁹ In 1841, rape was defined in South African law as the unlawful and intentional intercourse with a woman by a man.¹º After this development, sentencing developed in such a way that in 1887 the only sentence deemed fit for raping a woman was the death sentence.¹¹ Since 1994, there have been many developments in South Africa regarding the legal position of rape, especially concerning legislation dealing with the sentencing of rapists. The Common Law position concerning the sentencing of rape was repealed and the Criminal Law Amendment Act 105 of 1997 took effect in 1998. The Act abolished the death penalty in accordance with Constitutional Court ruling, and mandatory minimum sentences were set out for rape.¹²