Abstract

STAL, SJ. Does Mistaken Belief in Consent Constitute a Defence in South African Rape Cases?. PER [online]. 2023, vol.26, n.1, pp.1-20. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2023/v26i0a15002.

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.

Keywords : Consent; intention; mistaken belief; rape; reasonable belief in consent.

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