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