'Believed consent' can no longer be used as a defence, rules court
Anti-gender-based violence NGO the Embrace Project said the ruling essentially removes the ability of persons accused of sexual violence to rely on a subjective belief that consent was given by a complainant.
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CAPE TOWN - A landmark constitutional challenge against the Sexual Offence Act has ended in the Pretoria High Court, with a ruling that "believed consent" can no longer be used as a defence.
The Pretoria High Court handed down judgment in the Embrace Project's legal challenge against the act on Monday, after declaring certain sections of the Sexual Offences Act unconstitutional.
The anti-gender-based violence non-governmental organisation (NGO), the Embrace Project, said the ruling essentially removes the ability of persons accused of sexual violence to rely on a subjective belief that consent was given by a complainant.
The case was launched by the Embrace Project, and an anonymous young woman, who argued the law isn't strict enough on rape-accused who used "believed consent" as a defence.
The Embrace Project said going forward, a person accused of sexual violence will have to take objectively reasonable steps to ascertain that the complainant consented to sexual conduct.
The NGO said the judgment could significantly improve conviction rates in sexual offence cases.
The Embrace Project’s director, Lee-Anne Germanos said the ruling was a significant victory for other victims of sexual violence
"For the first time an accused person has an onus to confirm, or to take reasonable steps that consent has been given."
Germanos said for the first time in South Africa, the law will protect sexual assault victims.
"We're removing the effect of rape myths and rape stereotypes that says because you were wearing a short skirt you were asking for it."
Germanos added the judgement would significantly improve conviction rates in rape cases.