– S v Ruiters, Case no A125/2022, High Court, Cape Town, dated 14 June 2024 (WCC)
Introduction
Since time immemorial (Afrikaans: “van toeka se dae”), “rape” has been an offence in terms of the common law (Afrikaans: “gemenereg”). However, on 16 December 2007, this situation changed when the offence “rape” became an offence in terms of
section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (hereinafter referred to as the “Sexual Offences Act”). Phrased differently: On 16 December 2007, “rape” became a statutory offence (Afrikaans: “wetteregtelike misdryf”)*.
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[This is only an extract of an article that is published in Servamus: April 2025. This article is available for purchase.]