The National Prosecuting Authority warns that should the ruling that foreplay implies consent for penetrative sex not be appealed, this “perceived error of law” will set a damaging precedent for other rape cases.
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Acting Judge Tembeka Ngcukaitobi has ruled in favour of an appeal by Loyiso Coko, who argued that the foreplay he had with his ex-girlfriend indicated she tacitly consented to sex.
A judgment overturning the rape conviction of a former paramedic who had sex with his girlfriend after she had expressly told him she was a virgin and did not want penetrative sex, has been sharply criticised by several legal bodies. The regional court in Makhanda sentenced Loyiso Coko, then aged 23, to seven years imprisonment for raping the Rhodes University post graduate student in July 2018 at his home in the small city.