Services on Demand
Article
Indicators
Related links
- Cited by Google
- Similars in Google
Share
De Jure Law Journal
On-line version ISSN 2225-7160
Print version ISSN 1466-3597
Abstract
VENGESAI, Priccilar and MNKANDHLA, Sibongumuzi Zibusiso. The dilemma of gender inequality in the delict of seduction: A Zimbabwean perspective and some lessons from South Africa. De Jure (Pretoria) [online]. 2022, vol.55, n.1, pp.107-123. ISSN 2225-7160. http://dx.doi.org/10.17159/2225-7160/2022/v55a7.
In Zimbabwe, the delict of seduction has two species, namely seduction under common law derived from Roman-Dutch law and seduction under customary law. The universal feature in these species is that they were both conceived in patriarchal societies marred with gender inequalities. These inequalities were exhibited, inter alia, in stiffer sexual mores being imposed on women. In these societies, men allotted property rights to themselves over the sexuality of women who were perpetually under their tutelage. Conceptually, it is argued that the delict of seduction is a legal incarnation of these gender inequality-stricken notions. This paper unmasks the plethora of prejudices, challenges and gender inequalities which are engineered by the delict of seduction during litigation and draws on hegemonic masculinity in patriarchal societies as a theoretical framework.