Gender commission welcomes SCA judgement overturning ruling in sexual assault case
The Eastern Cape High Court previously ruled that consenting to foreplay translates as consent to sex, and thus acquitted the perpetrator.
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JOHANNESBURG - The Commission for Gender Equality (GCE) has welcomed the Supreme Court of Appeal's judgement overturning a ruling that suggested consenting to foreplay translates as consent to sex.
Last year, the Eastern Cape High Court acquitted Loyiso Coko of raping his then 21-year-old girlfriend, citing they shared a kiss and had oral sex prior to intercourse.
Acting judges Tembeka Ngcukaitobi and Nyameko Gqama said the girl was an equal participant and found Coko not guilty.
The GCE says this court ruling sets an important precedent on how courts will treat future cases of sexual assault.
The commission said consent has to be continuously given and withdrawn at any time.
“We further welcome the interpretation that is provided by the court when it comes to consent. That is consent to one form of sexual act cannot be construed to mean consent to all forms of sexual acts," said the organisation’s acting CEO Dr Dennis Matotoka.
Coko has 20 days to appeal the sentence, failing which he is ordered to report to the Makhanda Correctional Centre to start his seven-year prison sentence.