In a landmark decision, the High Court in Pretoria has ruled in favor of the Embrace Project’s challenge against South Africa’s Sexual Offences Act, changing the burden of proof in cases relating to sexual violence. The ruling states that people accused of rape must now prove that victims provided consent, effectively dismissing the defense of “believed consent.”
This ruling marks a significant shift in the legal landscape surrounding sexual offenses in South Africa, putting the onus on the accused to provide evidence of explicit consent. No longer will individuals be able to use “believed consent” as a defense in cases of sexual violence.
The Embrace Project’s successful challenge has been lauded as a major step towards ensuring justice for survivors of sexual assault and holding perpetrators accountable for their actions. By placing the responsibility on the accused to prove consent, the court’s decision sends a clear message that sexual violence will not be tolerated and that victims’ rights must be upheld.
This ruling represents a victory for advocates of sexual assault survivors and a significant stride towards achieving justice in cases of sexual violence. It serves as a reminder of the importance of consent and the need to shift societal attitudes towards a culture of respect and accountability.
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Video “‘Believed consent’ no longer a defence as South African court rules on sexual offence law” was uploaded on 10/02/2024 to Youtube Channel FRANCE 24 English