The supreme court of appeal confirms stringent standard for consent as defence in rape cases
They argue that the justice minister has misunderstood the challenge to the defence of mistaken belief in consent and the constitutional implications of criminalising negligence
The justice ministry says the wording is not worthy of an accountable government but it will oppose a challenge to the ‘mistaken consent’ defence
The department is opposing a bid to declare unconstitutional the defence a rape accused can use — that they believed the victim had consented