South Africa passes progressive rape law

South African lawmakers Tuesday passed amended legislation to broaden the definition of rape in a country with sky-high rates of sex crimes and HIV/ AIDS.

The sexual offences amendment bill, in the making for over a decade, now defines rape as any sexual penetration, including of the anus or mouth, without consent -- irrespective of the victim or perpetrator's gender.

The crime of rape is broadened beyond forced vaginal penetration to include forced oral sex and male rape, hitherto classified as indecent assault.

It also includes forced sexual penetration using an inanimate object or animal genitalia.
"The objects of the bill (include) creating offences which are intended to address the relatively high incidence of sexual offences committed in the republic," says an explanatory memorandum.

The legislation allows rape victims to obtain a court order for compulsory HIV testing of alleged offenders and for the results to be revealed to them.

It also entitles victims of sexual offences to be provided with post-exposure anti-AIDS drugs at state expense.

The bill would furthermore create a register of people convicted of sexual offences against children and the mentally handicapped to ensure they were not employed to work with such vulnerable groups or adopt children.

The amended law was supported by all political parties in the National Assembly and was passed unanimously.

About 55,000 rape cases and just under 10,000 of indecent assault were reported to South African police in the 2005/06 financial year.

Nearly half of rape victims in the country are believed to be children.

About 5.5 million in a population of 47 million are believed to be infected with the HI Virus that causes AIDS.