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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 30/11 [2011] ZACC 37 In the matter between: F Applicant and MINISTER OF SAFETY AND SECURITY ALLISTER CLAUDE VAN WYK First Respondent Second Respondent and INSTITUTE FOR SECURITY STUDIES INSTITUTE FOR ACCOUNTABILITY IN SOUTHERN AFRICA TRUST TRUSTEES OF THE WOMEN‘S LEGAL CENTRE Heard on : Decided on : First Amicus Curiae Second Amicus Curiae Third Amicus Curiae 4 August 2011 15 December 2011 JUDGMENT MOGOENG J (Moseneke DCJ, Cameron J, Khampepe J, Nkabinde J, Skweyiya J and Van der Westhuizen J concurring):

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F v Minister of Safety and Security and Ors, 2011

Cases

Country

Latitude: -31.005484474142992

Longitude: 23.460146846172638

Country (linked Cases): South Africa

Court location: South Africa: Western Cape

Court: South Africa: Constitutional Court, South Africa

Date of judgement: Dec 15, 2011

Keywords

Defilement (Rape of children)
Rape
Right to dignity
Sexual assault
Sexual offences

Gender of victim

Female: Girl (under 18)

Gender of accused/perpetrator

Male: Man (18+)

Language: English

Summary: After a night at the club, Ms F (13yrs at the time) (the applicant) agreed to Mr Van Wyk (respondent), who was a policemen, giving her a ride home. As he took her home, he took an unexpected turn and stated that he wanted to visit his friend. Ms F got down and hid away from him. As she was stranded Mr wyk drove past again and insisted to take her home again in which she insisted. As they were driving he took an unexpected turn again. Ms F tried to run away again, but Mr Wyk stopped her and proceeded to rape her. He then took her home and threated to kill Ms F if she reported the attack. Despite the threats Ms F laid criminal charges against Mr Wyk and Mr Wyk was eventually convicted of assault and rape and sentenced to 12 years imprisonment, of which five years were suspended.

Primary Documents

South-Africa-Case-Constitutional-Court-F_vs_State-and-Van-Wyk-No_3011-En.pdf
English
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F v Minister of Safety and Security and Ors, 2011

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