Politics / Southafrica
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WATCH | Battle over ‘no-name law’ that ‘silences survivors’ of sexual violence heads to court
Summary
The Women’s Legal Centre is challenging specific provisions of the Criminal Procedure Act that they argue silence survivors of sexual violence. They assert that these laws unconstitutionally protect perpetrators while undermining the rights of survivors to choose whether to disclose their identities.
One key argument focuses on the law that criminalizes the publication of an accused person's identity before they have pleaded. Advocates believe that allowing the naming of accused individuals could enhance police investigations and improve prosecution rates in sexual offense cases.
Another significant aspect of the challenge involves the criminalization of complainants naming themselves in sexual offense cases. The Women’s Legal Centre argues that this restriction further silences survivors and perpetuates the stigma associated with sexual violence.
To raise awareness, the Centre has launched an online campaign called 'name him', encouraging the public to symbolically name perpetrators of sexual violence. This initiative aims to shift the narrative around shame from survivors to the perpetrators themselves.
Perspectives
short
Women’s Legal Centre
- Challenges provisions that silence survivors of sexual violence
- Argues that current laws protect perpetrators and are unconstitutional
- Advocates for the right of adults to choose whether to be named in sexual offense cases
- Claims that naming accused individuals can assist police investigations
- Highlights the absurdity of laws that criminalize complainants naming themselves
- Promotes the name him campaign to raise awareness and shift shame from survivors
Metrics
other
four years
duration a perpetrator may remain unnamed while out on bail
This highlights the potential for ongoing harm to survivors during legal proceedings.
He's out on bail for another four years.
Key entities
Timeline highlights
00:00–05:00
The Women’s Legal Centre is contesting provisions of the Criminal Procedure Act that they argue silence survivors of sexual violence and protect perpetrators. They are advocating for the right of adults to choose whether to be named in sexual offense cases and running an online campaign called 'name him' to raise awareness.
- The Women’s Legal Centre is challenging provisions of the Criminal Procedure Act that they argue silence survivors of sexual violence, claiming it is unconstitutional and unintentionally protects perpetrators. One key issue is that the law criminalizes the publication of an accused persons identity before they have pleaded, which the WLC believes hinders police investigations
- The WLC contests a provision that criminalizes a complainants ability to name themselves in a sexual offense case, arguing that adults should have the choice to be named. The speaker highlights the fear and stigma faced by survivors, sharing a personal experience of being charged by an alleged perpetrator
- The WLC is running an online campaign called name him, encouraging the public to symbolically name perpetrators of sexual violence using an emoji code. This campaign aims to challenge the existing laws that protect perpetrators identities