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LME3701 Legal Research Methodology ASSIGNMENT 2 2022
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LME3701 Legal Research Methodology ASSIGNMENT 2 2022
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Page 1 of 13i. Cover Page
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR:
(ASSIGNMENT 02)
2022
WORKING TITTLE
RIGHTS OF A VICTIM WHO IS INTENTIONALLY TRANSMITTED WITH HIV BY
THEIR
PARTNER IN SOUTH AFRICA AND ZIMBABWE
By
Name
Student number
, Page 2 of 13
ii Research topic
You are almost at the end of your undergraduate legal studies and thinking about
pursuing postgraduate studies. You recently read of an incident where a woman was
infected with HIV through consensual sexual intercourse with her partner. Her
partner knew about his HIV status but did not disclose this to her at any time during
their relationship. You decide that this will be a good topic for postgraduate research
to investigate how the law deals with intentional HIV transmission. Is it a crime?
Even if there was consent? Is HIV testing of the accused in such a case
compulsory? Does the offender get a harsher sentence if found guilty? How is the
victim protected? Is the victim provided with any form of treatment? These are just
some questions that come up in your mind. Write a draft research proposal for a
prospective postgraduate study on the topic setting out how the law deals with
intentional HIV transmission. Decide what the focus of your research will be. Will you
focus on the rights of the accused or the rights of the victim? Will you focus on the
criminal procedural or the criminal law aspects, for example? You have to consider
the relevant legislative framework, law reform commission reports, case law and
writings by scholars. Make sure to also focus on the relevant constitutional rights that
play a part in the debate on these issues.
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