ZONDI AJ
order. The WLC supports the declaration of invalidity and its confirmation but with a
reading-in to render section 18 constitutionally compliant. It does not support the
suspension of the declaration of constitutional invalidity. The WLC also seeks to
introduce new evidence which it contends will show that the reason for delayed
disclosure in relation to all sexual offences and not just in relation to those of rape or
compelled rape is the same in respect of all survivors of sexual assault whether they are
children or adults. It further contends that the new evidence demonstrates that the
differentiation which section 18 seeks to make between rape or compelled rape and
other sexual offences for the purposes of prescription is irrational.
[18]
The TBC and the LHR support confirmation of the order on the terms contended
for by the applicants.
Application by the WLC
[19]
Before addressing the merits of the appeal, it is necessary to dispose of an
application by the WLC to adduce further evidence that it contends will assist this Court
in determining the impact of section 18 of the CPA. The new evidence sought to be
admitted consists of reports published by reputable inter-governmental and
non-governmental organisations, as well as state agencies. It is directed at the impact
of sexual offences on adult survivors and includes the personal, structural and social
disincentives for reporting, as well as the psychological and physical reasons for
delayed disclosure.13
13
These reports consist of the following:
a.
a South African Police Service publication entitled ―An Analysis of the National Crime Statistics
Addendum to the Annual Report 2011/2012‖ dated 31 August 2012;
b.
a report by Gender Links and the Medical Research Council titled ―The War @ Home: Findings of the
Gender Based Violence Prevalence Study in Gauteng, Western Cape, KwaZulu-Natal and Limpopo
Provinces of South Africa‖, published in 2011;
c.
an extract from a Statistics South Africa report, Statistical Release No. P0341 titled ―Victims of Crime
Survey 2015/2016‖;
d.
an extract from a Statistics South Africa report titled ―Quantitative Research Findings on Rape in South
Africa‖ released in 2000;
e.
a report titled ―Report of the Special Rapporteur on Violence Against Women, its Causes and
Consequences on Her Mission to South Africa‖ dated 14 June 2016;
10
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières