An opportunity missed for male rape survivors in South Africa: Masiya v Director of Public Prosecutions and Another

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Periodical article

Title:	An opportunity missed for male rape survivors in South Africa: Masiya v Director of Public Prosecutions and Another
Author:	Dyani, Ntombizozuko
Year:	2008
Periodical:	Journal of African Law
Volume:	52
Issue:	2
Pages:	284-301
Language:	English
Geographic term:	South Africa
Subjects:	sexual offences legal terminology gender discrimination jurisprudence children's rights
Abstract:	The Constitutional Court of South Africa recently handed down a judgment on the extension of the common law definition of rape to include anal penetration of women, but not of men. The court argued that women form part of the most vulnerable group in society. This article analyses the court's judgment and argues that the court should have included anal penetration of men in the light of South African lower courts' decisions, international law and the fact that there is currently a law before parliament which pertains to the anal penetration of men. The article also argues that the court should have taken into consideration that this case involved a child, who is also from the most vulnerable group in society. Notes, ref., sum. [Journal abstract]