2021-10 - Foreplay judgment: problematic judicial views around consent in rape cases persists wits.ac.za - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from wits.ac.za Daily Mail and Mail on Sunday newspapers.
Contentious ruling divides legal opinion on sexual consent after judge overturns rape conviction because girlfriend ‘agreed to one form of sex but not another’.
It is both alarming and legally dangerous to have a judgment that consensual foreplay implies consent for penetration and sex, and thus rape did not occur.
The Eastern Cape High Court has overturned the conviction of a man found guilty of raping his girlfriend who had expressed a wish not to have penetrative sex as she wanted to remain a virgin.