Man Allegedly Raped By Woman Who Fell Pregnant Challenges Children’s Act

A groundbreaking legal challenge is unfolding in Johannesburg, where a man is contesting certain provisions of the Children’s Act.

He argues that these provisions unfairly saddle male victims of rape with parental responsibilities over children born as a result of the violation. This case aims to redefine what constitutes a parent under the Act.

The applicant, a male victim of rape, revealed in his court papers that he was raped by a woman. He had consented to sex on the condition that a condom was used, but the woman removed it without his consent.

Afterwards, he said, she sent him a text – a copy of which he has attached – apologising for “pressuring” him into having unsafe sex.

“I was confused, angry and felt violated as I had not consented to this action,” he said.

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“I have been trying to grapple with what happened, and it has been difficult to receive assistance even from the police, as society generally believes that a man cannot be raped or sexually assaulted. I am currently undergoing counselling for this issue,” he revealed.

Subsequently, she fell pregnant, and despite never meeting the child, the man is now embroiled in a legal battle over child maintenance.

He has expressed his confusion, anger, and violation, emphasizing that society often dismisses the notion that men can be raped. He is currently undergoing counselling to cope with the trauma.

The core of his argument is that the existing law violates his rights to equality and dignity by imposing a “lifetime obligation” on him as a rape victim.

He also said it infringed on the right to dignity and, by extension, family life, by imposing a “lifetime obligation” on a rape victim, and that it is not in the best interests of the child for parental rights to be assigned to him.

“Each and every child deserves to be loved and cared for in the manner that is dignified … I have no intention to meet the child or be part of their life,” he said.

The applicant’s lawyer, Mabu Marweshe, argues that the case could significantly destigmatize male rape and encourage men to report such incidents.

The current legislation implicitly assumes that men cannot be victims of rape, thus discriminating against them. If successful, this case could bring about legal parity between male and female rape victims.

The justice and social development ministers, along with the alleged rapist, have been cited as respondents in the case. As of now, none have filed opposing papers.