As South Africa battles a rape crisis of huge proportions, more is being done to examine the understanding of sexual consent and gender-based violence activists believe there needs to be a clear definition.
As the law currently stands, it is insufficient to prove that an accused person committed an act of sexual penetration without the complainant's consent. The big barrier with this definition is the element of intentionality. Intent in South African law requires that a subjective test be used. Its not enough for the prosecution to prove that there was an act of sexual penetration without the consent of the complainant. They have to go a step further and show that in the perpetrator's subject state of mind, they intended to rape the complainant.
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