Can Rapists Be Named and Shamed? A Look at South African Law

The Protection from Harassment Act in South Africa was designed to address stalking and harassment, providing a legal framework to protect victims, particularly women facing gender-based violence. However, its application has recently been contested, as men accused of rape have sought protection orders to silence women who publicly name them as perpetrators, writes Bonita Meyersfeld for The Conversation Africa. 

The court stressed that victims' rights to freedom of expression must be prioritized in the interpretation of the act, especially when it comes to gender-based violence. The ruling establishes a precedent, ensuring that the law is not misused to gag survivors while maintaining its objective of protecting them from genuine harassment.

South Africa is preparing to publish the National Register of Sex Offenders, but at present, the National Register of Sex Offenders is not open to the public. However, it is available for public and private companies to vet potential employees to work with children. Victims and survivors of gender-based violence in South Africa have increasingly turned to public platforms to name their perpetrators, fueled by movements like #MeToo, #RUReferenceList, and #AmINext.