WLC to challenge law they say silences victims of sexual violence

The Women’s Legal Centre (WLC) is heading to the Western Cape High Court on Monday to challenge a law they believe silences victims of sexual violence.

Lawyers for the WLC are taking aim at two sections of the Criminal Procedure Act that make it a crime to identify a person accused of a sexual offence before they plead.

The challenge follows criminal charges laid against gender activist Caroline Peters, who identified an accused rapist on social media after a court appearance in Wynberg.

Under current law, identifying a person accused of a sexual offence could mean a fine or up to three years in prison.

This is a restriction the WLC argues protects alleged perpetrators while silencing victims and those supporting them.

Lawyer for the WLC Bronwyn Pithey said they will challenge two sections of the Criminal Procedure Act.

"The first section that we are challenging... we believe unjustifiably prohibits the publication of the identity of an accused person who is charged with a sexual offence before they have pleaded."

The centre said the law violates freedom of expression and believes naming accused persons before plea could help additional victims come forward.