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The acquittal of the accused in 2021 by acting Judge Tembeka Ngcukaitobi raised considerable debate about the subjective test on consent in terms of which an accused can plead that he held the genuine, if mistaken, belief that he was not acting against the will of the victim. (Photo credit should read HERMAN VERWEY/AFP via Getty Images)
ANELISA NGCAKANI

Coko vs S ruling: The case against a subjective test on consent in rape trials

Acting judge Tembeka Ngcukaitobi’s acquittal of a rape suspect has raised controversy, but legal experts say the fault lay with legislators and not the court

  • Emsie Ferreira
9 min read