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[read] Supreme Court of Appeal overturns high court rape ruling that foreplay implies ‘tacit consent’

The Supreme Court of Appeal has overturned the Eastern Cape High Court’s acquittal of a man who had been convicted of raping his girlfriend.

In October 2021, Judge Nyameko Gqamana and Acting Judge Tembeka Ngcukaitobi overturned a rape conviction against Loyiso Coko, who had been found guilty of raping his girlfriend. The basis for their judgment, handed down in the Eastern Cape High Court, was Coko’s argument that the foreplay he engaged in with his girlfriend indicated she had tacitly consented to sex.

Now, the Supreme Court of Appeal (SCA) has found that the high court erred in acquitting Coko. In a judgment delivered on Wednesday, the SCA upheld the National Prosecuting Authority’s (NPA’s) appeal against the acquittal and reinstated Coko’s conviction.

Source: The Daily Maverick


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