The Constitutional Court gets anal about rape - gender neutrality and the principle of legality in Maysia v DPP
| dc.contributor.author | Phelps, Kelly | |
| dc.contributor.author | Kazee, Sha’ista | |
| dc.date.accessioned | 2018-03-22T10:28:20Z | |
| dc.date.available | 2018-03-22T10:28:20Z | |
| dc.date.issued | 2007 | |
| dc.date.updated | 2016-01-14T09:22:05Z | |
| dc.description.abstract | In Masiya v DPP the Constitutional Court missed the opportunity to address the patently inadequate and unjust common law definition of the crime of rape. The Court had an opportunity to embrace its mandate as guardian of constitutional rights and, in adopting a conservative stance towards the development of the common law, failed to do so. Two points of particular interest that arise from the judgment are considered in this article: the Court's unwillingness to extend the definition of rape along gender-neutral lines; and the impact of the principle of legality on the Courts' ability to develop the common law definitions of crimes. There is no reason in logic or justice for why the definition of rape should be gender- specific. Furthermore, in line with the minority judgment in Masiya, there is no rule of law that prohibits the Court from executing such an extension. | |
| dc.identifier.apacitation | Phelps, K., & (2007). The Constitutional Court gets anal about rape - gender neutrality and the principle of legality in Maysia v DPP. <i>South African Journal of Criminal Justice</i>, http://hdl.handle.net/11427/27695 | en_ZA |
| dc.identifier.chicagocitation | Phelps, Kelly, and "The Constitutional Court gets anal about rape - gender neutrality and the principle of legality in Maysia v DPP." <i>South African Journal of Criminal Justice</i> (2007) http://hdl.handle.net/11427/27695 | en_ZA |
| dc.identifier.citation | Phelps, K., & Kazee, S. I. (2007). The Constitutional Court gets anal about rape-gender neutrality and the principle of legality in Masiya v DPP. South African Journal of Criminal Justice, 20(3), 341-360. | |
| dc.identifier.ris | TY - Journal Article AU - Phelps, Kelly AU - Kazee, Sha’ista AB - In Masiya v DPP the Constitutional Court missed the opportunity to address the patently inadequate and unjust common law definition of the crime of rape. The Court had an opportunity to embrace its mandate as guardian of constitutional rights and, in adopting a conservative stance towards the development of the common law, failed to do so. Two points of particular interest that arise from the judgment are considered in this article: the Court's unwillingness to extend the definition of rape along gender-neutral lines; and the impact of the principle of legality on the Courts' ability to develop the common law definitions of crimes. There is no reason in logic or justice for why the definition of rape should be gender- specific. Furthermore, in line with the minority judgment in Masiya, there is no rule of law that prohibits the Court from executing such an extension. DA - 2007 DB - OpenUCT DP - University of Cape Town J1 - South African Journal of Criminal Justice LK - https://open.uct.ac.za PB - University of Cape Town PY - 2007 T1 - The Constitutional Court gets anal about rape - gender neutrality and the principle of legality in Maysia v DPP TI - The Constitutional Court gets anal about rape - gender neutrality and the principle of legality in Maysia v DPP UR - http://hdl.handle.net/11427/27695 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/27695 | |
| dc.identifier.vancouvercitation | Phelps K, . The Constitutional Court gets anal about rape - gender neutrality and the principle of legality in Maysia v DPP. South African Journal of Criminal Justice. 2007; http://hdl.handle.net/11427/27695. | en_ZA |
| dc.language.iso | eng | |
| dc.publisher.department | Department of Public Law | en_ZA |
| dc.publisher.faculty | Faculty of Law | en_ZA |
| dc.publisher.institution | University of Cape Town | |
| dc.source | South African Journal of Criminal Justice | |
| dc.source.uri | https://juta.co.za/law/products/3599-south-african-journal-of-criminal-justice/ | |
| dc.title | The Constitutional Court gets anal about rape - gender neutrality and the principle of legality in Maysia v DPP | |
| dc.type | Journal Article | |
| uct.type.filetype | Text | |
| uct.type.filetype | Image |