Addressing the problem of sexual violence in South Africa : a philosophical analysis of equality and sexual difference in the constitution and the new sexual offences act

摘要: In this thesis, the South African legal system's attempt to address sexual violence is explored through lens of work French feminist philosopher, Luce Irigaray. It will be argued that equality jurisprudence lays foundation for a strongly Irigarayan approach transformation sex and gender relations in so far as our right can interpreted being underpinned by an acknowledgment embodiment, particularity difference. Our Constitution envisions value informed difference rather than sameness and, accordance with Irigaray’s work, it said implication pursuit on one hand, other, are not mutually exclusive, but instead calls fundamental recognition authentic response demands thereof. However, newly reformed legislation undermines progress made constitutional level entrenching problematic definition crime rape. This done firstly, defining rape genderneutral terms secondly, retaining concept consent distinguishing characteristic between I argue these features, reflects most basic mistakes Irigaray identifies law. legislation, denies way prejudicial women its gender-neutral language, while at same time, consent, (re-)introducing hierarchical construction masculine feminine sexuality into Act which femininity construed derivative of, inferior to, masculinity. Furthermore, combination neutrality exacerbates situation, masks harmful construal incorporated consent. Accordingly, judged from perspective, deeply problematic. addition, undercuts important developments, ignores insights that, problem inequality, served, undercut concern particularities. On basis, should amended removed defined sex-specific language (while still allowing male victims female perpetrators) facilitates judicial understanding complexities Stellenbosch University http://scholar.sun.ac.za