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Feminism vs. the State?: A Decade of Sexual Offences Law Reform in South Africa |
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South Africa's
transition to a democratic state has been accompanied by an intensive focus on
the use of the law as an instrument to address high levels of sexual assault as
well as other social problems. Feminist legal scholars and activists have been
involved in an ongoing critical engagement with government policy and law
reform surrounding equality. Many leading feminists have questioned the extent
to which the law can ever effectively deter violence against women. Others
argue that feminist activists in a transitional democracy are provided with
both the space to advocate for substantive law reforms, as well as the
opportunity to ensure that the human rights set out in the Constitution are
entrenched and interpreted in a way that consciously furthers the rights of women
in this country. This article provides the groundwork for a critical analysis
of the strategies adopted over the past 10 years.
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Rape stalks our country, ravages the innocence of girl infants and children; chuckles evilly into grannies' ears that "this is what you want", "jackrolls" young women to remind them of their place, and buries women's bodies - torn, beaten, dismembered - in shallow graves hidden amongst canefields, sandy stretches of land, the bare veld, and most frighteningly, in their own homes.
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