ZONDI AJ
[20]
The WLC provides three additional grounds on which it contends the distinction
between rape or compelled rape, and all other sexual offences, in section 18 is irrational.
Firstly, it points out that the prime rationale for the differentiation between sexual
offences in section 18 is that certain sexual offences are more serious than others and
the perceived harm or moral gravity of sexual offences in this context is clearly linked
to the penetrative or non-penetrative nature of the offence. It contends that there is no
factual basis or policy reasons to support this view.
Secondly, the WLC says the
exclusion of certain offences, and not others, from prescription creates an artificial
distinction between sexual offences, when in fact, the context and consequences of these
offences are substantially the same. It argues that to the extent that the Legislature
considered it necessary for certain offences to be excluded from prescription in order to
achieve the objects of SORMA and to protect vulnerable groups, such a rationale must
apply to all sexual offences.
[21]
Thirdly, the WLC contends that the differentiation of sexual offences for
prescription purposes fails to give recognition to the fact that the survivors of all sexual
offences are faced with similar personal, social and structural disincentives to reporting
the offence committed against them which leads to delayed and under-reporting of all
sexual offences.
f.
Ullman et al ―Psychosocial Correlates of PTSD Symptom Severity in Sexual Assault Survivors‖ (2007)
20 Journal of Traumatic Stress 821;
g.
Ullman and Filipas ―Predictors of PTSD Symptom Severity and Social Reactions in Sexual Assault
Victims‖ (2001) 14 Journal of Traumatic Stress 369;
h.
Patterson et al ―Understanding Rape Survivors‘ Decisions Not to Seek Help from Formal Social
Systems‖ (2009) 34 Health and Social Work 127;
i.
extracts from a February 2005 report titled ―Differentiating Between Child Maltreatment Experiences‖;
j.
an extract from an article Putnam and Trickett ―Psychobiological Effects of Sexual Abuse: A
Longitudinal Study‖ (1997) 821 Annals of the New York Academy of Science 150;
k.
and an extract from a report titled ―Tracking Justice: The Attrition of Rape Cases Through the Criminal
Justice System in Gauteng‖, dated July 2008.
All of this material is annexed to the affidavit of Ms Kathleen Dey, dated 28 July 2017.
11
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات