Intro paragraph:
A landmark judgment was delivered on 30 September 2024 by the Pretoria High Court, declaring several sections of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 unconstitutional. These provisions were found to inadequately address sexual violence where the perpetrator held an unreasonable belief in the complainant’s consent, thereby permitting a flawed defence in cases of sexual assault.
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