Study Unit 5 - Lecture 3 Flashcards
(14 cards)
What are the 4 elements of a crime?
Act, unlawfulness, guilt, punishment
What is contempt of the ruler?
Intentional disrespect of traditional authority
Acts that show contempt?
Usurping headmanship, rejecting authority, adultery with tribal wife
What is assault?
Intentional and unlawful bodily harm
What must assault cause?
Physical injury (e.g. bleeding or permanent damage)
Cultural response to assault?
Reconciliation meal; blood defiles community
Types of assault?
Direct or indirect
Justifications for assault?
Defence, orders, discipline, ceremonies
Can rape be committed without violence?
Yes, if the girl is too young
Can a woman’s consent be a defence in rape?
No
What if a rapist is caught in the act?
Group member may lawfully beat or kill him
Traditional rape punishments?
Death, fines, corporal punishment
Is rape still a crime in customary courts?
No, only treated as a delict
Must penetration be proven in all communities?
Not all—some require it, others don’t
