NCJ Number
133150
Journal
Journal of Law and Society Volume: 18 Issue: 3 Dated: (Autumn 1991) Pages: 287-299
Date Published
1991
Length
13 pages
Annotation
Despite the recommendation of the South African Law Commission to criminalize marital rape, draft legislation that would protect all women under rape laws failed to win parliamentary approval and instead, a provision was enacted which entrenched the marital rape exemption.
Abstract
One main theme running through the debate was the concept that marriage and the family are situated within the private, rather than the public, realm and therefore insulated from State intrusion. The second apparent reason for treating rape-in-marriage differently from other sexual assaults is the perception that it is less damaging to the victim. The feminist critique of law and the family focuses on the public/private dichotomy, arguing that the way the dichotomy is manipulated contributes to the subjugation of women. However, the authors argue that any opponents of the legal system must be prepared to offer their arguments based on sound empirical evidence. Advocates of women's rights must be able to voice their views to ensure that women are not forgotten in the new constitution and Bill of Rights currently being debated in South Africa. 69 notes