Ideas

ANALYSIS | When is a rapist not a rapist? SA’s law needs to decide

23 August 2019 - 07:00 By Shain Germaner
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The Con court has to decide whether accomplices to rape should get the same punishment as rapists.
The Con court has to decide whether accomplices to rape should get the same punishment as rapists.
Image: 123RF/Artit Oubkaew

As the woman is raped, some of the men hold her down, another sits in the corner doing nothing, while another lies down on a nearby bed and laughs. Should all of these men be charged with rape? Being an accomplice to rape? Nothing at all?

These difficult legal questions were asked of the Constitutional Court on Thursday.

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