Sunday, 23 October 2016
Sonke Gender Justice's Patrick Godona falsely claims that a man cannot be raped in RSA law.
Here's the quote, now:
"Rape as it stands it's about penetrating and in the case of a man it is not a women who penetrates the man but the man is actually forced to penetrate and therefore it becomes a sexual assault because this man has been unwillingly without consent forced to this sexual act." says Sonke Gender Justice's spokesman, Patrick Godona, as quoted by the SABC ("Three women charged with sexual assault, not rape", Thursday 6 October 2016 06:16)
In the now repealed common law, 'the crime of rape consists in a male having unlawful and intentional sexual intercourse with a female without her consent' (LAWSA).
However, s 68 (b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act No. 32 of 2007 clearly repeals the common law definition of rape, allowing the act's definition to be the definition which counts in all rape cases.
To quote LAWSA's apt summary of the Act (which causes penetration to be considered irrespective of who is penetrating whom):
'The statutory crime of rape has been expanded to include all forms of non-consensual sexual penetration, and makes no distinction in terms of gender with regard to perpetrator or victim.7
'Any person who unlawfully and intentionally commits an act of sexual penetration with a complainant, without the consent of such complainant, is guilty of the offence of rape.8 “Sexual penetration” includes any act which causes penetration9 to any extent whatsoever10 by: (a) the genital organs of one person into or beyond the genital organs, anus, or mouth of another person; (b) any other part of the body of one person or, any object, including any part of the body of an animal, into or beyond the genital organs or anus of another person; or (c) the genital organs of an animal, into or beyond the mouth of another person.11 The use of the word “causes” denotes the shift from the formally defined common-law crime of rape, where a certain type of act was criminalised, to the materially defined statutory version of the crime, in terms of which a certain situation, that is, sexual penetration, is brought about.12 Thus, rape is no longer a crime which can only be committed personally. ' (Volume 6 - Second Edition Replacement Volume by W A Joubert SC MA LLB LLD LLD(hc) Founding Editor; JA Faris BA LLB LLM LLD Attorney of the High Court of South Africa, Professor of Law, University of South Africa, Planning Editor; LexisNexis Editor: Ashleka Kanjan.)
Please be aware that:
This article, while written by an attorney of the High Court, is provided for topic interest purposes only, and is not legal advice. For legal advice, please book an appointment with your attorney and explain your own legal matters in the proper context for your attorney to provide you with such.
Who is Marc Evan Aupiais?
A deep interest in the law of South Africa, especially our constitutional and common law, guided my studies and continues to influence my current career path. I enjoy engaging in the day to day work of being an attorney, and reading the material contained in our case law.
I have gained and enjoyed much exposure to the law and to the day to day details of practice, and to extensive litigation work, during my years of practise since my admission to the profession and enrolment as an attorney of the High Court, as well as during my articles of clerkship and, prior to that, when I worked as a student counsellor/paralegal at the Wits Law Clinic – in the final year of law school and during my studies at the School for Legal Practice.
I am passionate about the place of my birth, South Africa, and am proud to be a patriot and citizen of this diverse and beautiful nation. I consider myself a global citizen and keep connections in a number of different nations across the world. Communicating with people from other cultures, I believe, has aided me to have a more open-minded approach in so far as how I see, and interact with, the world.
I believe success requires not just hard work but intelligence, perseverance, humility, integrity, ingenuity, diligence, a strong work ethic, and the courage to request the assistance of those better-versed in a matter, or field, where necessary.
The cultures and legal systems, morals and courtesy systems, languages, intricacies and religions of South Africa and of the nations of the world, are subjects I love to research. I enjoy reading and writing. To keep abreast with important events occurring in other countries, I find my knowledge of other languages, especially French, to be highly useful. I passed Afrikaans at a matric level. I took Zulu from grades 5 to 7. The language I am best acquainted with, is my first language of English, which I speak in everyday life.
I enjoy public speaking and debate, and believe that manners, appropriate dress for an occasion and courtesy are of very great importance. I enjoy hard work and like to throw myself entirely into solving a problem.
Law & Career
I currently work under my own name and style as an attorney and sole proprietor, at Marc Evan Aupiais Attorney.
Law firms I have worked at include: DL Wilson Attorneys in Randburg North, Desmond Barry Attorneys in Morningside, Sandton, Botha & Sutherland Attorneys in Aukland Park, Johannesburg, and Serina Govender Inc. Attorneys. I also edit and write for the SACNS, have written breaking news for a multinational service called InfosNews Breaking News, and act as a correspondent for the popular french language Les News service.
Novels I have written include
A Lesser Instinct | My first foray into the world of long form fiction.
Read it without payment - on Scribd.
I have a YouTube account, where I sometimes post videos.
It seems obtuse at first. As it comes into focus, it still appears somewhat off. People are shown other people - walking. Those who walk at ...
One Less Lonely Girl... has had a remix, by its creator Justin Bieber, in which he changes the lyrics to 'One Less Lonely N@$$!#', a...
I have been spending my time reading. Reading different accounts of early French and Chinese history. I read of the great Charlamagne. I rea...
Both sides agree that at least 3 people have lost their lives. Both agree that all of these victims of the unrest, were pro-Russian in their...
Oscar Pistorius shot at a door either knowing or having the duty to know that someone might be hit and killed by his bullets. Whether it is ...
No, people really don't need to warn you, to record your phone or personal conversations with them...This might be a eureka moment for some, but covertly recording your own telephone conversations, or your in person ones for that matter, is ...
Write as you speak? It's what they said. They quoted so much garbled text, your mind quickly acquiesced. You knew no better. You obeyed....
Reading certain newspaper articles leaves a surreal taste. Perhaps it shouldn't. Inevitably though, it tends to. New statistics suggest ...
listen to ‘E-tolls violate the right not to be subjected to slavery - opinion!’ on Audioboo [Written form article continues below embedded ...
I wanted to run. I wanted to get up and rush to the exit, maybe I'd get away, perhaps if I sneaked. They said boredom never killed anyon...