Crimen injuria
Crimen injuria is a crime under South African common law, defined to be the act of "unlawfully, intentionally and seriously impairing the dignity of another." [1] Although difficult to precisely define, the crime is used in the prosecution of certain instances of road rage,[2] stalking,[1] racially offensive language,[3] emotional or psychological abuse [4] and sexual offences against children.[5] The Truth and Reconciliation Commission heard numerous cases of crimen injuria, usually coupled with assault, committed by intelligence services on both sides of the struggle against apartheid.
[edit] Origin
The phrase "crimen injuria" seems to be a misunderstanding of the Latin phrase crimen iniuriae which should mean 'accusation of abusive behaviour'; the word crimen never means crime per se. In Roman legal parlance, iniuria almost never refers to physical attack or abuse, although it is often associated with it.
[edit] References
- ^ a b Clark, DM (2003). South African Law Reform Commission Issue Paper 22 Project 130: Stalking. [1]: South African Law Commission. ISBN 0-621-34410-9.
- ^ "Topic:Road Rage". Sector Policing. South African Police Service. http://www.saps.gov.za/comm_pol/sector_policing/road_rage.htm. Retrieved 2007-07-10.
- ^ Hanti, Otto (2006-08-09). "Man fined after racial slur to top judge". IOL. http://www.iol.co.za/index.php?set_id=1&click_id=15&art_id=vn20060808233813336C803510. Retrieved 2007-07-10.
- ^ Paralegal Advice Website, Chapter 7: Family Law and Violence against Women. [2]: Paralegal Advice. 2006.
- ^ van Niekerk, Joan (2003). South African Law Reform Commission Issue Paper 10 Project 108: Sexual Offences Against Children. [3]: South African Law Commission. ISBN 0-621-27352-X.
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