South African judge redefines rape

In a landmark ruling, a South African judge has redefined rape to include anal penetration. Previously this would have fallen under sexual assault, which carries a lesser penalty. Apart from what this means for women who are anally raped, it also means there would be the possibility of finding a man guilty of raping another man.

Judge Natvarial Ranchod ruled that the limitation of rape to vaginal penetration only was anachronistic, offensive, discriminatory, illogical, unjust, irrational and unconstitutional. Said the judge:

It is unfairly discriminatory with reference to the offender, the victim and the type of deeds (anal and vaginal penetration) that constitute in equally severe ways an attack on the personal (sexual) integrity and dignity of the victims concerned. It results in inadequate protection and discriminatory sentencing.

Of course, the constitutional court still needs to rubber stamp his order of constitutional invalidity, but at least it’s progress.

3 Responses to “South African judge redefines rape”

  1. About time.

    It’s illogical and horribly sexist to say that a man cannot be raped, and that assaulting someone analy is not as bad as assaulting them vaginally.

  2. The suspect in this case has now appealled to the constitutional court to have this ruling overturned. We’ve heard that he has also filed a complaint against the judge.
    I just want to know who his scum-sucking lawyer is???
    I’m with a Child Abuse action group and we’re also fighting to have ANY anal/vaginal penetration with ANY OBJECT certified as rape.
    The police and (black, sorry to say) government in South Africa are generally not interested in the protection of children.

  3. thanks for the update, Tania, and i fully support your call to expand the definition of rape. We live in a society where the law is still lagging behind reality.

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