Masiya v. Director of Public Prosecutions (Pretoria)

Mr. Masiya was charged with the rape of a nine-year-old girl; at the trial, evidence came out that he had penetrated the girl anally which required a conviction for indecent assault rather than rape.  The High Court, however, amended the common law definition of rape to include anal penetration as well and made the definition gender-neutral.  Mr. Masiya appealed. The Constitutional Court affirmed the High Court and held that the definition of rape must be extended to include nonconsensual anal penetration of females; the Court did say that for the court to extend the definition to include male rape would encroach onto the legislature's prerogative.



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