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Traditionally in South Africa, it was allowed for one to have non-consensual intercourse with one’s wife, and not be constituted as rape. The Law commission proposed a law in 1987, which would criminalize marital rape in South Africa. The Minister of Justice introduced the bill to a preliminary committee who refused the draft, which stated marital rape as a crime. The bill was revised to make marital rape an aggravating circumstance of conviction for assault. This newly drafted bill was accepted by parliament and passed in 1989 becoming part of South African law. The reason parliament did not want to initially criminalized marital rape is because it would potentially increase the already high divorce rates in South Africa at the time. It was viewed by South African law that marital rape was not as serious as “ordinary” rape, therefore should not have as harsh consequences.

The Domestic Violence Act 116 of 1998 was purposed to protect victims from domestic abuse. This is the state of South Africa announcing, and committing to stand against domestic violence. The act requires police to report any domestic violence act, and give them the ability to arrest any potential offender. It states that any complaint can be filed as a protection order for court. The act also states how the court system must handle such orders

In 1993, South Africa passed the Prevention of Family Violence act. This act criminalized marital rape, and other domestic violence. Marital rape has now been classified and incorporated into the offense of rape. This act also abolished the “cautionary rule”, which allows a judge to decide the credibility of a rape survivor.

South Africa is considered one of the most progressive states in Africa in relation to rights for women. However, there is a lot more that must be done in South Africa in regard to marital rape. Martial rape is deeply embedded into culture, especially in rural areas of South Africa. Laws have encouraged social change, but there needs to be more transformations within institutions throughout the country.

Marital rape in South Africa has been often seen as a legacy of Apartheid. There was a culture of dominance, power, and aggression which led to more frequent raping. Scholars view rape as intertwined with racial injustice within the Apartheid system. Historians found that when researching the culture of rape in South Africa during this time, it was so common that communities just accepted it as a part of everyday life. Many women were embarrassed to admit to marital rape because the government and society was run by patriarchal power.