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


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.