NCJ Number
217328
Journal
Acta Criminologica Volume: 17 Issue: 1 Dated: 2004 Pages: 129-138
Date Published
2004
Length
10 pages
Annotation
This article reviews South African law on the sexual victimization of men, including proposals by the South African Law Commission for reform of such law, followed by a discussion of the causes and victimization effects of sexual attacks on men.
Abstract
Under current South African law, the common-law crime of rape is defined as "a male having unlawful and intentional sexual intercourse with a female without her consent." When a man is sexually violated against his will, it is regarded only as an indecent assault on his person, which is a lesser offense than rape. The South African Law Commission has developed legislation for presentation to Parliament in 2003 that is intended to redress this inequality in the definition of sexual assault based on the victim's gender. In the proposed legislation, the definition of rape is broader than the common-law crime of rape and is gender neutral. This legislation is not only needed because of South Africa's constitutional requirement of equal protection for all persons, but also because the causes and effects of rape are similar for both men and women. Perpetrators of rape against male victims have reported their motives as including conquest and control over the victim, revenge and retaliation, degradation of the victim, and to gain status with their peers. Rape trauma occurs in male rape victims as well as female victims. It can include depression, anger disorders, and posttraumatic stress disorders. Male rape victims also typically confront the societal attitude that a man should be able to defend himself against sexual assault, suggesting that the alleged victim must not have resisted. When the perpetrator is a male, the victim is also confronted with assumptions about his sexual identity. A 24-item bibliography and 5 case law citations