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In our ‘team’ we have Legal Practitioners (Lawyers & Attorneys) and other Professionals who offer parallel solutions. Our website menu items LEGAL PRACTITIONERS and OTHER PROFESSIONALS offer a summary of services and will help you decide which type of service provider to use. Please review both pages. Afterwards, if you are still not sure who to use please ask for guidance using the Immediate Action Form on the Contacts Page.

 

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For free services you could engage with an organization such as legal-aid.co.za or visit justice.gov.za for free information. Depending on your issue any of the following organizations might be appropriate and mandated to help for free:

  • The National Consumer Commission,
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  • For insurance or banking issues, you should contact the appropriate ombudsman.

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Criminal Rape Law in South Africa Process and Examples

- Featured article by LAWYERS-ONLINE.CO.ZA - April 2019

The crime of rape in South Africa is defined by the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007 as any person who “unlawfully and intentionally commits an act of sexual penetration with a complainant without consent”. The statute also makes provision for compelled rape which is defined as any person who “who unlawfully and intentionally compels a third person without consent, to commit an act of sexual penetration with a complainant without the consent”. It should be noted that the definition of rape was not always gender-neutral and only since the inception of the amended act does it now include male and female victims.

Prosecution of a rape case follows the procedure set out in the Criminal Procedure Act in conjunction with the minimum sentencing guidelines as set out by legislation. The crime of aggravated rape could carry a life sentence if the accused is found guilty, whereas a first offence of rape carries a 10-year sentence.

Regarding victims of rape, there are numerous free counselling services available to them and the law lays out a very clear guide for treating them with the utmost human dignity and respect. Victims should not be shamed or made to feel unsafe for coming forward, and the legislature is moving to the point where victim rights are expanding.

If you have any queries regarding the law regarding rape and procedure of reporting a rape, kindly reach out to us and we can assist with referring your query to a lawyer who is skilled in these cases.

Criminal Rape Law in South Africa Process and Examples