Naming perpetrators leads to legal dilemma

System Administrator

VICTIMS and survivors of gender-based violence have increasingly started naming perpetrators in public. This phenomenon has gained traction through movements such as #MeToo, the #RUReferenceList and #AmINext. However, there has been a significant backlash. Men identified as perpetrators are turning to the courts to silence those who accuse them of rape and abuse, usually by bringing defamation cases. In South Africa, in addition to defamation cases, men accused of rape are applying for protection orders under the Protection from Harassment Act. In a recent paper, I analyse a high court ruling which deals with whether publicly naming someone as a rapist constitutes harassment under the act. The court held that it did not amount to harassment. Based on my experience as an academic as well as an advocate of the…

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Daily News (Digital) - 1 Issue, 2025-03-04

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