n South African Journal of Criminal Justice - General principles and specific offences : recent cases




In 2013 (2) SACR 111 (SCA) the Supreme Court of Appeal was required to hear an appeal relating to a conviction on charges of rape, indecent assault and flowing from the appellant's sexual abuse of his adopted minor daughter. The facts were not in dispute, and thus the appeal was confined to the following legal issues: whether the complainant had consented to the acts in question, and whether the appellant believed that she had consented (putative consent).


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