New hope for GBV victims

»» High court ruling declares parts of Act unconstitutional, protects survivors.

- Thando Nondywana

A landmark ruling by the High Court in Pretoria declaring sections of the Sexual Offences Act unconstitutional will offer new hope for victims of gender-based violence (GBV).

In 2022, non-profit organisation The Embrace Project, along with survivor Inge Holztrager, launched a high court case to challenge how South African law defines consent in sexual offences. The case aimed to improve legal protections for GBV victims.

"It feels amazing to have won this victory. Although this isn't the final step, it's a big move in the right direction," Holztrager said.

"Justice can be slow, and as someone who's been through this process, I understand the frustration when justice isn't served."

Holztrager, who was 20 years old at the time, reported a rape case in June 2018, after meeting a man online and then arranging a date with him during which he had sex with her without her consent.

Despite her testifying in February 2019, the accused was acquitted in March of that year. The court acquitted him on the basis that it could not be sure the accused subjectively knew he did not have consent.

However, on Monday the high court declared parts of the Sexual Offences Act unconstitutional.