Contentious ruling divides legal opinion on sexual consent after judge overturns rape conviction because girlfriend ‘agreed to one form of sex but not another’.
The Eastern Cape High Court recently overturned the conviction of Loyiso Coko who was found guilty of raping his girlfriend who had expressed not wanting to have sex as she wanted to remain a virgin.
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.