The broad definition of rape as set out in the draft Sexual Offences Bill might undermine existing legislation, Parliament’s justice portfolio committee heard on Tuesday.
Committee chair Johnny de Lange said the three broad definitions of rape in the draft bill could undermine the aims of the existing Minimum Sentencing Act.
The definition of rape in the draft bill includes penetration using an object or animal, oral sex, and genital penetration.
De Lange said this created ”rape to degrees”.
”It undermines the possibility of creating minimum sentences. We can create them, but the judges won’t use them,” he said.
However, in some instances the separation was better.
”On our Cape Flats, women are subject to violation by objects, oral and then sex,” he said. – Sapa