False rape accusations: reputational damage and statutory redress for the legally exonerated in South Africa.

Abstract

In this dissertation, the author explores what remedies, if any, South African law offers to those wrongfully convicted as the result of false accusations in rape cases if they can prove liability on the part of the State for the wrongful conviction. South Africans who are wrongfully convicted in rape cases but lack financial resources to claim compensation under the common law delict are deprived of their right to restitution in the absence of any State provided remedies. This dissertation will identify this gap by examining case law, existing compensation statutes, international law, academic literature, and statutory compensation of foreign jurisdictions. Through a comparative analysis of foreign jurisdictions, the dissertation also examines whether a compensation statute is an alternative remedy for South Africa. There is a hope that this dissertation will inform the legislature regarding creating a statutory law and a body that can assist wrongly convicted individuals.