ZONDI AJ offences are more morally offensive than others is imbued with outdated, patriarchal ideas about the moral gravity and harmfulness of different sexual offences. The WLC says there is a significant body of evidence which shows that that assumption is incorrect. In its written submissions in this Court the WLC points out that all sexual offences occur within the same social and political context and the survivors of these offences are faced with similar personal, social and structural disincentives to reporting the offences committed against them. [52] In these circumstances the use of prescriptive periods in section 18 as a basis to distinguish between rape or compelled rape and other forms of sexual assault when the harm they all cause to their survivors is similar, is irrational. Enacting legislation involves the exercise of public power and that being the case the Legislature is required to act in a rational manner when it exercises its legislative power. The section, by overemphasising the significance of the nature of the criminal act at the expense of the harm that it produces to the survivors, fails to serve as a tool to protect and advance the interests of survivors of sexual assault. promoting them. It works against their interests instead of The criminal justice system should play a role that supports the survivors of crimes involving sexual violence and create mechanisms that would encourage them to come forward more so in view of the fact that such crimes have become prevalent these days. [53] I agree with the TBC that the prescription period of 20 years imposed by section 18 is insufficiently cognisant of the nature and process of sexual assault disclosure. This sentiment is also shared by the WLC. According to the WLC there are numerous reasons why adult survivors choose to report the sexual offence against them after a long period of time. Personal circumstances of the survivor may change; with time comes maturity and an ability to process the trauma suffered as a result of the violence. She may seek out psychological help, such as counselling, which empowers her to enter the criminal justice system. The WLC points out that survivors develop resilience over time, and together with resolution of the trauma are able to report the matter to the police or the survivor may change communities with which she engages 22