Citation

Spies A. S. Afr. J. Crim. Justice 2016; 29(3): 273-291.

Copyright

(Copyright © 2016, Juta)

DOI

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PMID

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Abstract

This article explores the concept of substantive equality and how, as a constitutional value, it requires the consideration and application of restorative justice principles in the sentencing of rape offenders. With sexual violence being a difficult and controversial area in which to apply restorative justice principles, there is a need to understand the necessity for its application and analyse how it has been applied by South African courts. The argument is made that restorative justice should be seen as a method that gives effect to substantive equality values, allowing for a victim's needs and context (including that of the offender) to be taken into account in handing down a just sentence.

© Publisher: Juta and Company

Language: en