Landmark ruling in Frankel case

Landmark ruling in Frankel case

The High Court in Johannesburg has declared Section 18 of the Criminal Procedure Act unconstitutional, lifting the 20 year limit to lay criminal charges against those accused of sexual abuse.

Gavel_wikimedia
Photo: Wikimedia

Eight alleged sexual assault victims of the late billionaire Sydney Frankel, known as the Frankel 8, approached the court to have points of Section 18 of the Criminal Procedures Act are removed.

 

Frankel died during this time.

 

Women And Men Against Child Abuse's Miranda Friedmann says this case is of utmost importance, because it affects the ability of survivors to receive closure and see justice done.

 

"It may take decades for survivors to be in an emotionally strong enough position to confront their abusers, who, in cases of late disclosure, have more often than not until now not been held accountable in a criminal court for their heinous crimes."

 

Friedmann says they hope the unconstitutionality of Section 18 is rubberstamped by the Constitutional Court as soon as possible, so that it can be presented to Parliament.

 

"We are extremely grateful that the applicants have continued with this case, despite the passing of the accused, in order to change the landscape for other victims of this kind of crime - Section 18 assumed penetrative sexual offences are more serious than non-penetrative offences, an outdated and incorrect notion which does not serve the survivors of abuse."


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