In 1909, Judge Bristowe of the Transvaal Supreme Court presided over Schlesin v. Incorporated Law Society, the first case in South Africa to consider whether women had a right to enter the legal profession. The Transvaal Supreme Court held that women were barred from admission to legal practice based on historical practice in South Africa, Holland, and England.
Section 44 requires a gender-neutral interpretation of statutory language. It states that use of male-specific language includes women and the use of female-specific language includes men. Finally, section 44 notes that the terms "person" and "party" are not limited to natural persons even if accompanied by gendered language. The Interpretation Act commenced in 2013.
The victim was raped by a doctor on 14 November 2006 at Magunga Hospital in Korogwe District. The appeal asserted that the witness in the trail was not credible. The appellate Court concluded that it was unable to “find a ground for denting the credibility of the complainant” and “not having found any contradictions in the evidence of PW1, the victim of the sexual assault by her doctor, the appellant” .
Appellant was convicted of murder and sentenced to death. The deceased, a 16-year-old girl, lived with her mother and brother. For approximately a year, the deceased would sneak out and have sexual intercourse with appellant, a married man who lived approximately 200 meters away from the deceased. A week before the incident, the deceased told her mother that appellant had impregnated her. This greatly displeased her mother, and she reported this to LCs officials.
The appellant appeals his conviction for the murder of his live-in girlfriend and his sentence of 12 years imprisonment. The Court upheld the sentence, noting the increasing incidence in Botswana of former lovers killing their partners and opining that the courts should impose appropriately stiff sentences as a deterrent.
The statute establishes a Sexual Offense Court, Criminal Court “E” that has original jurisdiction over all sexual offense cases. §25.2 provides that the crimes adjudicated in this court include: rape, gang rape, aggravated involuntary sodomy, involuntary and voluntary sodomy, corruption of minors, sexual abuse of wards and sexual assault, and other crimes listed under the “Sexual Offenses” described under Subchapter D of Chapter 14 and 16 of the Penal Law, as well as human trafficking that involves sexual offenses. The law provides procedures to try sexual offense cases.
The Sexual Offences Act recognizes in its preamble that women are particularly vulnerable to becoming victims of sexual offences, particularly adult prostitution. The Act prohibits prostitution, the operation of brothels, and other activities related to prostitution and brothel-keeping.
Seksuele Oortredings Wet (1998)
Seksuele teistering, Seksuele geweld en verkragting, Mensehandel
The Sexual Offences Act recognises marital rape as a crime. Section 3(3) of the Sexual Offences Act provides that marriage or any other relationship shall not be a defence against a charge under the Act. Section (5)(2) makes criminally liable "a person who induces another to submit to a sexual act through the use of his authority, status, power, privilege, or other undue influence, commits an offence." Other sections provide for compulsory HIV testing of perpetrators of sexual violence and penalize those who commit sexual violence while knowing that they are HIV positive.
The Sexual Offences Registry Act creates a sexual offenders registry and a Sexual Offenders Inter-sectoral Council. The Inter-sectoral Council will be responsible for developing and compiling a national policy framework to reduce sexual offenses including, but not limited to, rape, cyber sexual harassment, and defilement.
The Centre for Applied Legal Studies at the University of Witwatersrand and Avon Global Center for Women and Justice at Cornell Law School released a joint report on sexual violence committed by educators against students in South African schools.
Die Sentrum vir Toegepaste Regstudies by die Universiteit van Witwatersrand en Avon Global Centre for Women and Justice by Cornell Law School het 'n gesamentlike verslag vrygestel oor seksuele geweld wat opvoeders teen studente in Suid-Afrikaanse skole gepleeg het.
