Sexual Offences Act under the spotlight in the Apex court

JOHANNESBURG - The Constitutional Court resumed the case that has the potential to change the prosecution of rape in South Africa.

According to the existing legislation, survivors must demonstrate that they did not give consent, an aspect that critics argue is unfair and shifts the balance of justice in favour of the perpetrator.

READ | Apex court to hear landmark sexual consent case

The lawsuit, initiated by Lawyers Against Abuse and others, contends that the responsibility should shift to the accused to demonstrate consent.

Expert believe if it succeeds, it may reshape the legal definition of rape and force a revamp of the Sexual Offences Act.

  • For more on this watch the full interview with legal expert Ulrich Roux.

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