The Constitutional Court is set to hear a landmark case testing whether SA's sexual offences law makes it too easy for accused persons to escape liability by claiming they believed there was consent on Thursday.
At the heart of the case is whether the Criminal Law Sexual Offences and Related Matters Amendment Act unfairly shields perpetrators through loopholes in how consent is defined, while undermining survivors constitutional rights to dignity, equality, freedom, and bodily integrity.
The challenge stems from a 2024 Pretoria high court ruling that struck down key provisions of the act. The court found the law unconstitutional because it allowed accused persons to rely on a mistaken belief in consent even where that belief was unreasonable. The Constitutional Court must now confirm or reject that ruling.