Ackermann J
[65]Thus far consideration has been given only to the criminal proscription of sodomy in private between consenting males. The common law definition of sodomy is more extensive, however, and is not limited to private consensual sex per anum between adult males. It also applies to anal sex under circumstances where one male has not consented or when one partner is below the age of consent; cases of so-called “anal rape” or “male rape”, whether the victim is an adult male or a male child or infant.[1]
- ↑ See Milton South African Criminal Law and Procedure vol II, Common-law Crimes 3ed (Juta, Cape Town 1996) at 254–5 and Snyman Criminal Law 3ed (Butterworths, Durban 1995) at 341.
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