LETTER: Recognise degrees of rape violence

I accept that women have the right to withdraw their consent whenever they please (“SA law needs an overhaul to protect rape survivors”, October 25).

However, I do not feel these types of rape are anywhere near as serious or traumatic as a rape in which the threat of violence is apparent, and hence would like to suggest prosecuting these rapes as second- or third-degree rape. 

Rape carries a minimum sentence of 10 years for a first offence, and charging the accused with a lesser offence would almost certainly make it far easier to obtain a conviction. Clearly, a “one-size-fits-all” approach has its limitations.

In addition, I think women who are raped by a close acquaintance or someone they are dating should resist rape in an emphatic manner — unless it is evident that doing so is likely to result in the accused becoming violent. 

This would make it extremely difficult for the accused to convince the court that he mistakenly thought the complainant was consenting (and that he therefore did not have the necessary intention to rape).

Terence Grant
Cape Town

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