39624 research outputs found
Sort by
Social Ecological Factors Influencing Childrens School Readiness in LowIncome South African Communities
Exploring middle ear pathologies in adults with diabetes mellitus A scoping review of available evidence and research gaps
Numerical Analysis of Mechanical Modifications Induced by Laser Shock Peening on AA2024T351 for Aeronautical Structures
Plant growthpromoting traits of rhizosphere and endophytic bacteria associated with myrothamnus flabellifolius WELW
The role of artificial intelligence personalisation in ecommerce Customer purchase decisions in the retail sector
Decision Making and Case Attrition in Rape Cases: A Feminist Jurisprudence Perspective
Thesis submitted in fulfilment of the requirements of the Degree of Doctor of Philosophy, to the Faculty of Commerce, Law and Management, School of Law, University of the Witwatersrand, Johannesburg, 2024This study is an empirical study of prosecutorial attrition in rape cases. The study uses mixed methods (quantitative and qualitative) to examine data derived from Umlazi Police Station in KwaZulu Natal. This thesis is approached from a feminist jurisprudence perspective to analyse legal texts that critically identify gender inequalities. Feminist critical theorists predict that external factors in the legal system that go beyond the actual legal burden influence the outcome of cases. This study tests the hypothesis, among others, that many of the decisions to decline prosecution in cases of rape are based on extra-judicial factors such as the complainant-perpetrator relationship; the complainant’s character; and/or their credibility that contributes to or causes case attrition. In cases of rape, extra-legal variables are believed to have a significant influence on the decisions and actions of the key players within the criminal justice system. The results of this study make it possible to examine any correlation between procedural obstacles and outcomes in South Africa. With these findings, we can gain insight into the impact of rape law reform on the prosecution of cases in South Africa, taking into account the subcultural theory and downstream theory of rape.National Research Foundation (NRF)MMM202