A new judgment looks set to raise questions about whether foreplay that includes extensive French kissing, undressing and engaging in oral sex constitutes tacit consent for penetrative sex.

Acting Judge Tembeka Ngcukaitobi has ruled in favour of an appeal by Loyiso Coko, who argued that the foreplay he had with his ex-girlfriend indicated she tacitly consented to sex. Judge Nyameko Wellman Gqamana concurred with the judgment.

Coko was convicted last year of raping his then 23-year-old virgin girlfriend and sentenced to seven years behind bars. The woman was a Rhodes University Master’s student.

 

Guest on the line: Director and founder of Dubazana Attorneys- Nthabiseng Dubazana