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Concourt ruling on gang rape ‘a strong message’ to would-be rapists – GCE

The court ruled that under the common purpose doctrine, someone should be found guilty of rape if they were part of group which committed the crime, whether they participated or not.

The Constitutional Court in Johannesburg. Picture: EWN.

JOHANNESBURG – The commission for gender equality says the Constitutional Court has sent out an unequivocal message of the country’s judiciary's commitment to implement the strongest laws against gender based violence.

Last week, the apex court delivered a landmark ruling on how the law should deal with gang rape in the country.

The court ruled that under the common purpose doctrine, someone should be found guilty of rape if they were part of group which committed the crime, whether they participated or not.

The commission's Javu Baloyi said ruling will have a significant impact on women's rights.

“We hope it will send a very strong message to all people that did not do anything [while] knowing that people are being raped in their presence and they don’t shout. This would send a strong message to rapists and would be rapists that the South African government will not tolerate such.”

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