LEV3701
ASSIGNMENT 2
DUE DATE: 9 APRIL 2026
, LEV3701 Assignment 2 2026
DUE 8 APRIL 2026
A final-year law student is charged with the alleged rape of a fellow student.
During the trial, the victim testifies that the rape took place one night after a
function, on a deserted part of the campus. She explains that she was involved in
a serious wrestle with her assailant and identifies the accused as her attacker.
During cross-examination, it is put to her that she is lying, because she couldn’t
have observed the assailant’s identity properly.
Question 1
Section 227 of the Criminal Procedure Act 51 of 1977 regulates the admissibility of
evidence relating to the character of a complainant in sexual offence cases. Section
227(2) prohibits any evidence or cross-examination regarding the complainant’s
previous sexual experience or conduct, except with the leave of the court or where such
evidence has been introduced by the prosecution. The questions posed by the accused
about the complainant’s sexual relations with other men directly fall within this
prohibition.
(See Learning Unit 10: Character Evidence)
The accused would be required to make an application for leave to adduce such
evidence. In determining the application, section 227(5) requires the court to consider
factors including whether the evidence is in the interests of justice, fundamental to the
accused’s defence, and not substantially outweighed by its potential prejudice to the
complainant’s dignity and right to privacy. Section 227(6) is a further, critical barrier: the
court shall not grant leave if the evidence is sought to support an inference that the
complainant is more likely to have consented or is less worthy of belief.
ASSIGNMENT 2
DUE DATE: 9 APRIL 2026
, LEV3701 Assignment 2 2026
DUE 8 APRIL 2026
A final-year law student is charged with the alleged rape of a fellow student.
During the trial, the victim testifies that the rape took place one night after a
function, on a deserted part of the campus. She explains that she was involved in
a serious wrestle with her assailant and identifies the accused as her attacker.
During cross-examination, it is put to her that she is lying, because she couldn’t
have observed the assailant’s identity properly.
Question 1
Section 227 of the Criminal Procedure Act 51 of 1977 regulates the admissibility of
evidence relating to the character of a complainant in sexual offence cases. Section
227(2) prohibits any evidence or cross-examination regarding the complainant’s
previous sexual experience or conduct, except with the leave of the court or where such
evidence has been introduced by the prosecution. The questions posed by the accused
about the complainant’s sexual relations with other men directly fall within this
prohibition.
(See Learning Unit 10: Character Evidence)
The accused would be required to make an application for leave to adduce such
evidence. In determining the application, section 227(5) requires the court to consider
factors including whether the evidence is in the interests of justice, fundamental to the
accused’s defence, and not substantially outweighed by its potential prejudice to the
complainant’s dignity and right to privacy. Section 227(6) is a further, critical barrier: the
court shall not grant leave if the evidence is sought to support an inference that the
complainant is more likely to have consented or is less worthy of belief.
