Aspects of Rape, Statutory Rape and the Choice on the Termination of Pregnancy Act 92 of 1996: Do We Protect Our Minor Women' (2006)

Abstract

The Constitution of South Africa, 1996 with its Bill of Rights in general, and section 28 in particular, gives special protection to the rights of children. The Bill of Rights recognises children as a vulnerable group in society in that their specific and unique interests deserve special protection. It is precisely this protection that is the main focus of this contribution. It has been reported that South Africa has one of the highest rates in the world of violence against women including the incidence of murder and rape. In 1998, three out of ten women surveyed in the Southern Metropolitan region of Johannesburg reported that they had been victims of sexual violence in the previous year. One in four young men questioned reported having had sex with a woman without her consent by the time he had reached eighteen. An alarming number of teenage girls in South Africa also become pregnant due to the violent crimes committed against them. The purpose of this contribution is therefore to focus on the main sexual(criminal) offences in our society, rape and statutory rape, and some of the principles of the Choice of Termination of Pregnancy Act that contribute to or violate the principles of these offences. Regard will constantly be shown to the rights and interests of minor women.