I just read the most disturbing news story. My friends are calling for the death penalty for Kotze but I’m confused as to why the men he held at gunpoint and forced to rape his ex-wife are being arrested.
What would you do if someone pointed a gun at you and told you to rape someone?
Another question - how do you get an erection when you have a gun pointed at your head?
Ok reading through other news stories I came across this little snippet here.
I guess that explains why they are being arrested. At the same time, my original questions still stand. What would you do if someone pointed a gun at your head and told you to rape someone and would it even be physically possible to get an erection in that situation?
Apart from the statement which you’ve mentioned, necessity/duress is a defence to be raised at trial, and the prosecutor may feel it’s appropriate to let the court decide whether their actions were reasonable in light of the degree of duress they were in.
At common law, necessity and duress are not defenses to murder (although I can’t tell from the news reports if the “accomplices” helped kill her or just raped her). See Regina v. Dudley and Stephens. South Africa has a mixed common/civil law system, though.
As far as I can tell from the news reports (of which there is a large collection here), they were only involved in the rape. She wasn’t murdered, her son was murdered, allegedly by Kotzé alone.
That being said, compulsion can, under sufficiently extreme circumstances, act as a complete defence to murder in South African law. See S v Goliath 1972 (3) SA 1 (A). (South African criminal law is Roman-Dutch altered by much English influence. The law of criminal procedure and evidence is entirely English.)
There was a general reference of forced familial rape in Iris Chang’s The Rape of Nanking but she also notes that some men refused to rape family members so it is unclear to what extent it actually occurred (4 or 5 times or 500 hundred?). Also note that rape can be a general term for forced penetration, so presumably some (many?) accounts of forced rape did not involve penetration with a penis…