The inclusion of intention in the definition of rape reintroduces the requirement that there should be physical evidence that the victim was overpowered
Changing damaging socio-cultural norms that justify discrimination against women is a powerful form of resistance
They argue that the justice minister has misunderstood the challenge to the defence of mistaken belief in consent and the constitutional implications of criminalising negligence
The justice ministry says the wording is not worthy of an accountable government but it will oppose a challenge to the ‘mistaken consent’ defence
The department is opposing a bid to declare unconstitutional the defence a rape accused can use — that they believed the victim had consented
