The Structural Exclusion of Rape Complainants in South Africa’s Criminal Justice System

Justice through Participation

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.

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