’n Analise van onlangse interpretasies van die nuwe uitgebreide penetrasiebegrip by verkragting in die Duitse reg

Abstract

In this article, the origin and development of the penetration concept in rape is initially explained from a history of law and anthropo-legal perspective. Thereafter the current formulation of section 177StGB in Germany is analysed and recent interpretations by the courts and commentators are expounded. In contemporary German law the crime of rape only comes into play in determining a proper punishment. It , in fact, only constitutes an aggravated form of sexual assault. The penetration requirement in rape is extended to also encompass penetrative sexual acts of a similar nature aswell as other sexual conduct resulting in comparable humiliation to the victim. The South African Law Commission should take cognizance of recent developments in German law.