Cautionary rule for rape cases being reviewed
The Sexual Offences Bill will, if enacted in its present form, make it much more difficult for the defence in a rape case to use the sexual history of a victim during cross-examination, a tactic successfully used in the recent rape trial of former Deputy President Jacob Zuma.
A Business Day report makes the point that the Bill also reconsiders the cautionary rule for rape cases. The cautionary rule urges the judge to treat the evidence of a woman who claims to have been raped with caution. It is seen as highly discriminatory. During a briefing on the Bill, Justice Committee chair Fatima Chohan said the rule was about the minds of men because it said that woman had a propensity to lie. Deputy Justice Minister Johnny de Lange told the committee that the cautionary rule clearly had no place in SA law because it was totally and utterly discriminatory about women. Full Business Day report