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.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.30331 |
| Date | January 1999 |
| Creators | Swart, E. D. |
| Contributors | Sheppard, Colleen (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001748131, proquestno: MQ64307, Theses scanned by UMI/ProQuest. |
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