Corrective rape as an anti-lesbian hate crime in South African law : a critique of the legal approach.

Abstract

‘Corrective’ rape as an anti-lesbian hate crime in South African Law has not received much attention from authors. ‘Corrective’ rape is a real practice in South Africa. The need for a closer analysis of the existing legislative framework is necessary to assess the need for further protection for Lesbian women against ‘corrective’ rape. However, rape in South Africa is a universal issue that does not only affect lesbian women. As this is the case, this thesis proposes the correct implementation of the legislative framework, opposed to enactment of hate crime legislation when it comes to ‘corrective’ rape, even though ‘corrective’ rape is a hate crime. Furthermore, the primary issue with ‘corrective’ rape lies in the nature of the crime, which is the crime of rape recognised and sanctioned under South African Law.