Exploring the intricate dynamics surrounding rape complainants within the South African criminal justice system, this book proposes reforms in the approach to participation of victims with the aim of mitigating the structural barriers imposed by the adversarial process.
Exploring the intricate dynamics surrounding rape complainants within the South African criminal justice system, this book proposes reforms in the approach to participation of victims with the aim of mitigating the structural barriers imposed by the adversarial process.
Broadening the concept of participation, the book takes a comprehensive view of meaningful participation at every stage of the legal process and argues that participation can further justice for rape victims. In doing so, it highlights that justice as an outcome of the criminal process should not solely be focused on convicting perpetrators, but about restoring the dignity of and empowering victims. Through the practical proposals included in the book to integrate complainants into the criminal process, readers will gain an understanding of what is possible even within the structures of the adversarial system, and activists both within and outside the system will be better equipped to advocate for systemic change.
The Structural Exclusion of Rape Complainants in South Africa’s Criminal Justice System will be of value to students and scholars of socio-legal studies, criminal law, and criminology, particularly those focused on sexual offences, victimology, and the criminal justice system. It will also be of interest to those working with victims, such as NGOs providing legal representation, victim support and therapeutic counselling.
Chapter 1 Introduction
Chapter 2 The concept of participation for
complainants in the criminal justice system
Chapter 3 Participation to
further justice in the criminal process
Chapter 4 The focus on rape
complainants
Chapter 5 Arguments against complainant participation
Chapter 6
The structural exclusion of rape complainants in an adversarial system like
South Africa
Chapter 7 Current opportunities for participation: Law and
policy in South Africa
Chapter 8 Lessons from foreign and international
jurisdictions
Chapter 9 Proposals for increased complainant participation in
South Africa
Chapter 10 Conclusion
Jameelah Omar is an Associate Professor in the Faculty of Law at the University of Cape Town (UCT). She has an LLB, LLM, and PhD in Law from UCT. Omar joined UCT as a Lecturer in 2015. Her research and teaching centres on Criminal Justice, specifically in the areas of Sexual Offences, Criminal Procedure and doctrinal Criminal Law. She also convenes and facilitates the UCT Law Community Service programme, which requires students to perform legally oriented volunteer work as a degree requirement. Omars doctoral work focused on the rights of rape complainants within the structure of South Africas adversarial legal system. She is an associate member of the Centre for Law and Society at UCT where she heads the Sexual Violence programme, and she is a Trustee on the Board for the Womens Legal Centre Trust. She has appeared as an expert witness in court cases as an expert on sexual violence. Prior to joining UCT, she was an attorney at the Centre of Legal Studies (CALS) based at the University of the Witwatersrand (Wits).
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