Feminism vs. the State?: A Decade of Sexual Offences Law Reform in South Africa

abstract

South Africa's transition to a democratic state has been accompanied by an intensive focus on the use of the law as an instrument to address high levels of sexual assault as well as other social problems. Feminist legal scholars and activists have been involved in an ongoing critical engagement with government policy and law reform surrounding equality. Many leading feminists have questioned the extent to which the law can ever effectively deter violence against women. Others argue that feminist activists in a transitional democracy are provided with both the space to advocate for substantive law reforms, as well as the opportunity to ensure that the human rights set out in the Constitution are entrenched and interpreted in a way that consciously furthers the rights of women in this country. This article provides the groundwork for a critical analysis of the strategies adopted over the past 10 years.

keywords:

• feminism
• law reform
• human rights
• rape
• advocacy