RRLLB81
Assignment 2 RESEARCH REPORT Semester 1 2026
The doctrine of common purpose and sexual assault
Due Date: April 2026
The doctrine of common purpose and sexual assault
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
Terms of use
UNIVERSITY OF SOUTH AFRICA
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
The doctrine of common purpose and sexual assault
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: April 2026)
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
Abstract
The doctrine of common purpose allows criminal liability to be attributed to all members of
a group who share an intention to commit a crime, even where it is difficult to determine
the individual actions of each participant. Traditionally, this doctrine has been applied
mainly in cases of murder. However, its application was extended to sexual offences by
the Constitutional Court in S v Tshabalala and Another, where the Court held that
participants in a group rape may be convicted of rape even if they did not personally
commit the physical act of penetration. This research examines whether extending the
doctrine of common purpose to rape strengthens South African criminal law. The study
evaluates the development of the doctrine, relevant case law, constitutional values, and
scholarly commentary. It argues that extending the doctrine enhances accountability,
protects victims of sexual violence, and aligns the law with constitutional principles of
dignity, equality, and freedom. The research concludes that the extension promotes justice
in cases involving collective sexual violence.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 RESEARCH REPORT Semester 1 2026
The doctrine of common purpose and sexual assault
Due Date: April 2026
The doctrine of common purpose and sexual assault
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
Terms of use
UNIVERSITY OF SOUTH AFRICA
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
The doctrine of common purpose and sexual assault
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: April 2026)
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
Abstract
The doctrine of common purpose allows criminal liability to be attributed to all members of
a group who share an intention to commit a crime, even where it is difficult to determine
the individual actions of each participant. Traditionally, this doctrine has been applied
mainly in cases of murder. However, its application was extended to sexual offences by
the Constitutional Court in S v Tshabalala and Another, where the Court held that
participants in a group rape may be convicted of rape even if they did not personally
commit the physical act of penetration. This research examines whether extending the
doctrine of common purpose to rape strengthens South African criminal law. The study
evaluates the development of the doctrine, relevant case law, constitutional values, and
scholarly commentary. It argues that extending the doctrine enhances accountability,
protects victims of sexual violence, and aligns the law with constitutional principles of
dignity, equality, and freedom. The research concludes that the extension promotes justice
in cases involving collective sexual violence.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
