Back to Search
Start Over
Does Mistaken Belief in Consent Constitute a Defence in South African Rape Cases?
- Source :
- Potchefstroom Electronic Law Journal; 2023, Vol. 26, p1-20, 20p
- Publication Year :
- 2023
-
Abstract
- In the 2020 case of Coko v S 2022 1 SACR 24 (ECG), the Eastern Cape High Court held that a person's mistaken belief in consent to penetrative sex could constitute a valid defence in law. In statutory provisions and jurisprudence, the absence of the victim's consent is fundamental in establishing a case of rape. This paper evaluates the decision, where it was held that when an appellant reasonably believes that the complainant/victim had consented to sex, this alone could be enough to acquit the appellant of the charge of rape. [ABSTRACT FROM AUTHOR]
- Subjects :
- SEXUAL consent
SEXUAL intercourse
RAPE
Subjects
Details
- Language :
- English
- ISSN :
- 17273781
- Volume :
- 26
- Database :
- Complementary Index
- Journal :
- Potchefstroom Electronic Law Journal
- Publication Type :
- Academic Journal
- Accession number :
- 174587934
- Full Text :
- https://doi.org/10.17159/1727-3781/2023/v26i0a15002