AN ANALYSIS OF THE COMMON PURPOSE DOCTRINE AND RAPE IN SOUTH AFRICA WITH SPECIAL FOCUS ON TSHABALALA v THE STATE (2019) ZACC 48

Violence against women, in particular, the crime of rape has reached epidemic status South Africa. Rape constitutes a gross violation victim’s dignity, privacy, and person. It also intrudes upon commitment between another man woman who is victim to keep intimacies their bodily affections exclusively for one another. not only an act contempt its but or that she will choose chosen commit herself. violence, immediate victim, towards concept family. The family granite cornerstone society. Rape, by definition, intentional, unlawful sexual penetration with without consent. conundrum arises where confronted group perpetrators raped them. Can be imputed other watched did participate? common purpose doctrine, form liability under African law, been few available measures which effectively addresses joint criminal ventures carried out gangs. However, whether conviction on charge doctrine legally competent centre legal debate. main argument levelled imposition based can committed through instrumentality accused’s own body part thereof, This paper seeks discuss effect including purpose. authors firstly rape. Thereafter, discussion current legislative framework Africa follows as well analysis German system. Finally, this advance endorse judgment handed down Constitutional Court case Tshabalala v State.