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South African girl on murder charge for killing 'would-be rapist' | South African girl on murder charge for killing 'would-be rapist' |
(about 4 hours later) | |
A 17-year-old girl, who handed herself in to South African police, has been charged with murder after killing a man who allegedly tried to rape her. | |
"She was on her way to a local tavern when she was allegedly attacked by the deceased and fought back," police said. | "She was on her way to a local tavern when she was allegedly attacked by the deceased and fought back," police said. |
The young woman stabbed the 21-year-old man, after overpowering him during a struggle, police say. | The young woman stabbed the 21-year-old man, after overpowering him during a struggle, police say. |
South Africa has one of the highest incidences of rape in the world. | South Africa has one of the highest incidences of rape in the world. |
There has been a recent spate of killings of women in the country, which has sparked national outrage. | There has been a recent spate of killings of women in the country, which has sparked national outrage. |
The girl was not asked to plead when she appeared in the Lenyenye magistrates court in the northern Limpopo province. | |
The suspect, who is a minor under South African law and cannot be named, would be assigned a social worker and possibly a trauma counsellor to assist with the case, according to the police. | The suspect, who is a minor under South African law and cannot be named, would be assigned a social worker and possibly a trauma counsellor to assist with the case, according to the police. |
"She was visibly distraught when she arrived at the police station and will receive the necessary care given in such cases," police colonel Moatshe Ngoepe told the BBC. | "She was visibly distraught when she arrived at the police station and will receive the necessary care given in such cases," police colonel Moatshe Ngoepe told the BBC. |
She is expected to tell the court that she acted in self-defence, when the case resumes on 14 June. | |
Was killing the only option? By Pumza Fihlani, BBC News, Johannesburg | Was killing the only option? By Pumza Fihlani, BBC News, Johannesburg |
Pleas of self-defence must pass a high legal threshold to be accepted by South African courts. | Pleas of self-defence must pass a high legal threshold to be accepted by South African courts. |
The defendant must prove that there were extenuating circumstances involved and that killing was the only option available at the time. | The defendant must prove that there were extenuating circumstances involved and that killing was the only option available at the time. |
The country's laws on self-defence have faced criticism in the past, with some legal analysts saying the law should offer more support to those forced to fight off attacks in a society with a high crime rate. | The country's laws on self-defence have faced criticism in the past, with some legal analysts saying the law should offer more support to those forced to fight off attacks in a society with a high crime rate. |
But some legal scholars have argued it is precisely because of this high crime rate that people should not be able to kill others with impunity and self-defence pleas should face high hurdles. | But some legal scholars have argued it is precisely because of this high crime rate that people should not be able to kill others with impunity and self-defence pleas should face high hurdles. |
Legal expert Mannie Wits says that when looking at a self-defence plea, the court broadly uses the test of "what the reasonable man or woman would do in a similar situation". | |
But he points out that in the South African context, this is becoming increasingly problematic as levels of violence have increased. | |
"The test of what a reasonable man in the UK would do in a similar situation to a man is South Africa is not the same. South Africans are living under fear, they overreact. This is not a normal society," he says. |