Virginity testing: a crime a delict or a genuine cultural tradition?

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2010

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Journal of South African Law

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Juta Law

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University of Cape Town

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Abstract
All the indigenous cultures of Southern Africa placed a high value on female virginity,1 and, in order to protect this bargaining chip in marriage negotiations, young girls were obliged to undergo regular virginity inspections.2 During the early part of the twentieth century, the practice fell into disuse, due largely to the erosion of family structures through migrant labour, forced removals and Western influences.3 Over the last twenty years or so, however, the inspections have been resumed, mainly, it seems, in order to reinstate the importance of pre-marital chastity.4 In the past, virginity testing was usually performed by mothers or senior kinswomen within the confines of the family,5 but, in recent years, it has become a major public ritual.
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