The Constitutional Court judgment dealing with the legal definition of rape falls horribly short by failing to develop the law to include men who are raped.

Whilst the Court widened the definition of rape to include anal penetration, it limited the application of this amendment to girls and women who are raped only.

OUT is aware that men are at times targeted for rape and sexual assault, by other men, because of their real or perceived sexual orientation.

Not extending the definition of rape to include male victims of rape means that the law still determines rape according to gender. Melanie Judge, Advocacy Manager for OUT LGBT Well-being states that “this gender bias amounts to unfair discrimination and serves to perpetuate gender stereotypes about male sexuality and keeps male-on-male rape invisible.”

OUT believes that all acts of forced sex should be treated equally in the eyes of the law.

OUT calls for the urgent passing of the Sexual Offences Bill such that all rape victims, whether men or women, are treated with equal respect and dignity, and are able to access appropriate support, regardless of their sex or gender.

OUT Well-being is a registered non profit organization that promotes lesbian, gay bisexual and transgender (LGBT) people’s health, well-being and rights in South Africa. OUT aims to reduce heterosexism and homophobia in society.

For more information contact:

Melanie Judge
Advocacy Manager
OUT LGBT Well-being

Tel: 012 3445108
Fax: 012 3446501
Cell: 083 2712543
Email: programmes@out.org.za
Web: www.out.org.za