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

Should a rape suspect be allowed the legal defence that he genuinely, if mistakenly, believed his alleged victim had consented to sex?

The question has occupied the legal commentariat for a fortnight after the acquittal on appeal by the Eastern Cape high court of a young paramedic convicted of raping his girlfriend and sentenced to seven years in prison by the Grahamstown magistrate’s court.

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