Comment: Loyiso Coko v S (CA&R 219/2020) [2021] ZAECGHC 91 (8 October 2021): Oblique subscription to rape myths as an indication of the urgent need to reform the mens rea test in acquaintance rape cases in South Africa

Comment: Loyiso Coko v S (CA&R 219/2020) [2021] ZAECGHC 91 (8 October 2021): Oblique subscription to rape myths as an indication of the urgent need to reform the mens rea test in acquaintance rape cases in South Africa

Author: Mispa Roux

ISSN: 1996-2118
Affiliations: University of Pretoria
Source: South African Journal of Criminal Justice, Volume 35 Issue 3, p. 356 – 372
https://doi.org/10.47348/SACJ/v35/i3a4

Abstract

None

Clarity, consistency, and community convictions: understanding the defence of consent in South African criminal law

Clarity, consistency, and community convictions: understanding the defence of consent in South African criminal law

Author: Jameelah Omar

ISSN: 1996-2118
Affiliations: LLB LLM (Cape Town), Associate Professor, Faculty of Law, University of Cape Town
Source: South African Journal of Criminal Justice, Volume 35 Issue 2, p. 131 – 155
https://doi.org/10.47348/SACJ/v35/i2a1

Abstract

This article will consider the defence of consent and whether its conception has changed over the years through jurisprudence. It will focus on a few areas that have seen developments in relation to the defence, namely, active euthanasia, sadomasochism, and sexual offences.