The regional court in Makhanda sentenced Loyiso Coko, then 23, to seven years' imprisonment for raping the Rhodes University postgraduate student in July 2018 at his home in the small city.
Acting judge Tembeka Ngcukaitobi, with judge Nyameko Gqamana agreeing, said that in this matter the issue of consent and intention were interrelated.“ICJ Africa is appalled to see that acting judge Ngcukaitobi has ruled in favour of ... Coko where argued that the foreplay he had with his ex-girlfriend indicated she had tacitly consented to sex,” tweeted the organisation.
The woman had testified that on the night of the incident she and Coko were at his home cuddling and kissing and she had made it clear to him she was a virgin who did not want penetrative sex. They had oral sex to which she consented after which he had penetrated her. She had indicated to him after penetration that he was hurting her.
Ngcuakaitobi said the magistrate had erred in ruling that because the woman was a virgin “something more” was required to demonstrate her consent, and that it was not sufficient for Coko to rely solely on her conduct as illustrative of consent.
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