Levenstein and Others v Estate of the Late Sidney Lewis Frankel and Others (CCT170/17)
Levenstein and Others v Estate of the Late Sidney Lewis Frankel and Others (CCT170/17) [2018] ZACC 16; 2018 (8) BCLR 921 (CC); 2018 (2) SACR 283 (CC) (14 June 2018)
Section 18 of the Criminal Procedure Act 51 of 1977 is unconstitutional to the extent that it bars, in all circumstances, the right to institute prosecution for sexual offences other than rape or compelled rape after 20 years. The distinction drawn by section 18 is irrational and arbitrary, as all sexual offences can cause similar harm and delayed disclosure is common among survivors due to trauma, fear, and social pressures. The prescription period unjustifiably limits the prosecutorial power and violates constitutional rights to dignity, equality, and protection from abuse. The declaration…
Source excerpt
- Prescription Of Criminal Prosecution
- Sexual Offences
- Irrational Legislative Distinction
- Reading In Remedy
- Retrospective Effect
- Costs In Constitutional Litigation