ConCourt to hear arguments in case that could lead to major changes in sexual offences laws

The Constitutional Court is on Thursday set to hear arguments in a case that could lead to major changes in South Africa’s sexual offences laws, specifically the way consent is dealt with in rape cases.

The matter follows a landmark ruling by the Pretoria High Court earlier in 2025, which found that so-called “believed consent” can no longer be used as a defence by rape-accused.

NPO The Embrace Project, who are the applicants in the matter, said the ruling means rape suspects won't be able to rely on a subjective belief that consent was given by a complainant.

Embrace Project director Lee-Anne Germanos-Manuel said the minister of justice and constitutional development had previously opposed the application.

"The Women’s Legal Centre has now, for the first time in these proceedings, applied to appear before the Constitutional Court as the third amicus curia, and is arguing against the declaration of constitutional invalidity, and against the need for a change in the law at all."