Yara Blog


When the Law has No Power: The “Corrective Rape” Situation in South Africa


Thursday, January 10th, 2013  

www,icr.org

www,icr.org

South Africa has long been celebrated as the “Rainbow nation” because of her plurality and diversity. And, although South Africa was the first country to grant constitutional recognition to the protection of the rights of homosexuals, there appears to be a wide gulf between law and practice in this “progressive” state.

In recent times, there have been several cases of what has been termed “corrective rape” or “curative rape”. This refers to a situation where women who have sex with women (WSW) are sexually and brutally ‘punished’ by men for being gay and violating traditional gender presentation. Not long ago, on May 4, 2011, a 13 year old girl was raped near Pretoria, South Africa, because of her sexual orientation.  According to the young victim, her assailant told her he was “curing” her of lesbianism. This is just one of the many attacks on the dignity and bodily integrity of lesbian women. It is worth noting that such incidents of violence against WSW are not peculiar to South Africa but have also occurred in other African states like Zimbabwe and Uganda, as well as in Jamaica.

Read the rest of this entry »

Tags: , , , , , , , , , , , , , , , , , , , , ,


THE RAPE CHRONICLES – A Place for Date Rape?


Friday, August 24th, 2012  

Date rape is the common term for non-consensual sexual (vaginal, anal, oral) intercourse that is forced (by way of physical force or

psychological coercion) on a person by someone that they know. Date rape is a complex and difficult area of criminal law, given the nature of the relationship between the victim and the accused.  However, most jurisdictions like ours, make no legal distinction between date rape and rape. This is even though it is well known that rape occurs far more often between people already acquainted than between strangers.

(Date) Rape cases may also take the form of emotional or financial coercion as opposed to the regular physical coercion. Where the rapist is placed in a higher position, he may use his position to harass and intimidate a woman to succumb to his sexual demands. By instilling fear through threats, a woman in that circumstance who succumbs can hardly be said to have given her consent. Where the rapists threatens to withhold or refuse promotions, money, examination results or anything due to the victim, the eventual intercourse would also fall under the heading of rape. In these cases, there will be no form of physical evidence.

Read the rest of this entry »

Tags: , , , , , , , , , , , , , ,


THE RAPE CHRONICLES – Rape A Gender Question?


Friday, August 17th, 2012  

There are not many criminal acts as invasive, as degrading and as traumatizing as the act of rape. The victim becomes scarred for life, and many times, ends up with significant psycho-sexual challenges. It was conceived to be so reprehensible in the old days that the Law of Moses in the Old Testament of the Bible stipulated that the rapist be put to death. (Deut.22:25-26).

Rape is simply defined as non-consensual sex. But, in that definition lies the error of simplicity. It certainly raises more questions than it answers. What if the victim “invited” the non-consensual sex, perhaps by her dressing or her attitude? What if she didn’t struggle or cry for help?  What if both parties were drunk? What if the “rapist” heard yes when the victim was really saying no? What if she was not particularly forced, but was only emotionally coerced? Or financially coerced?

Read the rest of this entry »

Tags: , , , , , , , ,


  

Follow us!

Register and get updated whenever we post updates to the Yara Blog. You can also be part of the discussion by commenting on our posts. Join us now!

  • Register
  • Log in





     Tag Cloud

     Recent Posts


     Archives