n South African Journal of Criminal Justice - Law of evidence - recent cases

Volume 32 Number 3
  • ISSN : 1011-8527


In S v Skepe 2019 (2) SACR 349 (ECP), Malusi J acquitted a 30-year-old man charged with rape in terms of s 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The state alleged that the accused unlawfully and intentionally engaged in vaginal intercourse with the complainant, a 5-year-old girl, against her will and without her consent, between May and July 2017 in a small township in the district of East London (at para [1]). In response to the charge, the accused pleaded not guilty and refrained from providing a basis of his defence, thereby exercising his constitutional right to remain silent in terms of s 35(3)(h) of the Constitution of the Republic of South Africa of 1996 (at para [2]).

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