on air now
up next
Up Next
Magic Music Mix
on air now
up next
Up Next
Magic Music Mix
 

Non-profit organisation WMACA welcomes SA Constitutional Court ruling


The organisation, Women and Men Against Child Abuse, has welcomed a landmark judgment in the Constitutional Court which lifted the 20-year limitation on the prosecution of sexual assault.

The Concourt confirmed an earlier High Court order that section 18 of the Criminal Procedures Act was irrational, arbitrary, and therefore unconstitutional on Thursday.

It said the Section did not afford the survivors of sexual assault, other than rape or compelled rape, the right to pursue a charge, after the lapse of 20 years from the time the offence was committed.

WMACA founder, Miranda Jordan, said the ruling was a huge victory for children and adult survivors of child sexual abuse.

"Women and Men Against Child Abuse are extremely pleased with this ruling, and see it as a  huge victory for children and adult survivors of child sexual abuse as no one should be forced to disclose their sexual abuse within a certain time frame in order to open a Criminal case against their abuser,"she said.

Jordan explained the many factors that lead to most children keeping quiet for decades about being sexually abused.

"There are many factors as to why most children who have been sexually abused do not disclose their abuse for many decades. Some of the factors that keep children silent for a very long time include fear of the abuser, fear of  consequences (breaking up a family, losing a breadwinner), fear of not being believed, shame, humiliation (feeling damaged), blaming oneself, or feeling complicit in one's own abuse"

She also thanked all the eight applicants in Sidney Frankel case; Nicole Levenstein, Paul Diamond, George Rosenberg, Kathrine Rosenberg, Daniela McNally, Lisa Wegner, Shane Rothquel and Marinda Smith for coming forward to lay charges and challenge the Statute of Limitations.

Jordan added that the applicant's cases had opened the door for other survivors to bring their cases to court. " Huge thanks to Attorney Ian Levitt and advocate Anton Katz for their commitment to this case and who, for over a year, argued for the blanket ruling that all sexual abuse crimes irrespective of their seriousness should be prosecutable without time limits".

WMACA also acknowledged High Court Judge, Claire Hartford, who ruled in favour of children and adults being allowed to lay charges of sexual and indecent assault at any time after they were abused.