The Centre for Applied Legal Studies in South Africa is pushing for a review of the country’s sexual offence laws, targeting problematic consent and rape definitions within the Sexual Offences Act. They argue that the current definitions place undue pressure on victims and survivors to prove nonconsent, perpetuating harmful stereotypes and misconceptions about sexual violence. CALS and other advocates are striving for a justice system that eliminates detrimental stereotypes and has a more sophisticated understanding of consent, treating everyone fairly and equally. The case has the potential to trigger a transformative shift in how South Africa – and possibly other countries – approach sexual offences.
The Constitutional Court of South Africa has made history by unanimously ruling that Section 40 of the Children’s Act is unconstitutional and discriminatory against the parental rights of samesex couples. This landmark decision comes after a legal battle initiated by a lesbian couple who sought to change the legislation that only recognized one of them as the legal mother of their children.