Court rules on anal penetration
2007-05-10 11:26
Johannesburg - Non-consensual penetration of a man's anus does not constitute rape, the Constitutional Court ruled on Thursday.
However non-consensual penetration of a woman's anus does, the court found.
Delivering the judgment Justice Nkabinde found that extending the definition to include penetration of a man encroached on legislative terrain.
The court overturned the conviction of Fanuel Setakeni Masiya for the rape of a nine-year-old girl found to have been anally but not vaginally penetrated.
It found that the extended definition of rape could not be applied retrospectively to Masiya. It came into effect from the date of judgment.
While rape of a minor carried a minimum sentence of life imprisonment, there is no prescribed sentence for indecent assault.
The court found that Masiya's crime was one of indecent assault, not rape, and referred the case back to the Pretoria Regional Court for sentencing.
- SAPA