Firstly, it is gender-neutral, recognising the reality that men and boys can be raped. Secondly, it covers a range of intimate sexual acts, instead of being confined to sexual intercourse alone. Thirdly, it moves the legal emphasis away from absence of consent by the complainant, to focus on the use of force or intimidation by the perpetrator. Fourthly, the definition no longer excludes rape within marriage. But the experience of other countries indicates that charges of rape within marriage are rare.
Namibian studies show that rapes within marriage can be extremely brutal.
For example, one woman told researchers how her husband tried to rape her with a broomstick after hitting her repeatedly. Another women who was brutally beaten by her husband described how he raped her in front of her children, in a pool of her own blood. They also include situations where the complainant has been unlawfully detained, or is unable to make a decision or communicate unwillingness because of being disabled, drunk, drugged or asleep. As a result of the new emphasis on the actions of the accused, rape complainants should no longer feel that they are the ones who are being put on trial. The new law also gives greater protection against the sexual abuse of children.