The Centre for Applied Legal Studies (CALS) is applying to intervene in the case filed by the Embrace Project and a rape survivor in the Pretoria High Court last year.
JOHANNESBURG - The Centre for Applied Legal Studies said that if successful, a bold new legal challenge to the country's laws around rape and other sexual offences would ultimately make prosecuting these types of crimes easier.
The centre is applying to intervene in the case filed by the Embrace Project and a rape survivor in the Pretoria High Court last year.It also focuses on the requirement for the prosecution to prove that an accused was subjectively aware that there wasn't consent, which they say is close to impossible.She said that they hoped to make these prosecutions less onerous on the State and on victims.
"So it makes the prosecution of rape crimes easier but it doesn't do away with our dedication to a criminal justice system that is fair because we already do this with other crimes. So, it serves both the victim and it serves the criminal justice system and then it can also result in higher prosecutions and also more cases being accepted for prosecution."
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