In an effort to establish a clearer understanding of the sentencing of sexual assault offenders, this study analyzes data generated from a content analysis of sexual assault cases, using feminist theory as a backdrop for the analysis. The sample consists of ninety-seven sexual assault cases from across Canada for the period of August 15, 1992 through August 15, 1993. Using a statistical analysis, the data were analyzed for evidence of whether certain factors aggravated or mitigated sentence length. The findings indicate that factors not affecting sentence length include breach of trust, sex of the judge, sex of the complainant, plea and show of remorse. Factors that work to mitigate sentence length include the youth or old age of an offender. Finally, variables that, when present, aggravate an offender's sentence length are prior offences, force, sexual intercourse and psychiatric considerations. These findings indicate that while there has been some response to feminist concerns regarding criminal justice processing of sexual assault, some of the myths that have been traditionally associated with its victims and offenders are still influencing the judiciary.

The primary purpose of this paper is to indicate how Canadian legislative reforms could provide valuable insights regarding the reform of sexual assault law in South Africa. The first section of this paper contains an examination of three particular evidentiary rules in the South African context. In the second section a feminist critique of rape law is used to explore the significance of these rules in rape trials, using the framework of significant themes of the feminist enquiry. In the third section I look at the development of these evidentiary rules in Canada and evaluate the present legal position in this regard, with particular reference to decision of the Supreme Court of Canada in R v Seaboyer, R v Gayme (1991) 83 D.L.R. (4th) 193. In the final instance, an attempt is made to identify some significant lessons for those seeking to formulate the much needed reforms to these rules in South Africa.

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