DUE 27 MARCH 2026
QUESTION: X, a 45-year old male farmer, is deeply in love with Y, a 17-year old girl. Y
does not welcome the attention she receives from X but agrees to go horseback riding
with X and to have a picnic with him on his farm. X’s plan is to ride with Y to a deserted
spot on his farm, have a picnic with her and then force her to drink alcohol. X hopes that
the alcohol will diminish Y’s inhibitions and that she will then have consensual sexual
intercourse with him. Upon their arrival at the picnic spot, X and Y dismount their horses
and X pours Y a glass of champagne. X tells Y that the champagne “will relax her and
allow X to demonstrate his love for her”. Y dislikes alcohol but is forced by X to drink it,
which she reluctantly does.
PLEASE NOTE THAT YOUR ANSWER MAY NOT EXCEED ONE AND A HALF
PAGES.
X may be charged with:
1. Attempted rape
X intended to have sexual intercourse with Y without her consent. He took deliberate
steps to achieve this: he took Y to a secluded spot, forced her to drink alcohol to lower
her inhibitions, and made his intention clear. Although no sexual penetration occurred,
his conduct had reached the stage of execution, not mere preparation. This constitutes
a punishable attempt to commit rape in terms of section 55 of the Criminal Law (Sexual
Offences and Related Matters) Amendment Act 32 of 2007 (SG 4.11, p. 102; Snyman,
p. 241–243). X’s intention was to penetrate Y without her consent (she was forced to
drink and clearly did not welcome his advances), establishing the requisite dolus for
attempted rape (SG 4.2.2.4, p. 82–83; Snyman, p. 317).