LEV3701
Assignment 2 Semester 1 2026
Unique number:
Due Date: 9 April 2026
QUESTION 1
Section 227(2) of the Criminal Procedure Act 51 of 1977 clearly prohibits evidence relating
to the complainant’s sexual history, unless the court grants leave on the basis that such
evidence is relevant to the issues before the court.1 In this matter, the questions relate to the
complainant’s sexual activities with other men and have no direct connection to the alleged
rape by the accused. They are therefore irrelevant and inadmissible.
The court in S v M 2003 (1) SA 341 (SCA) set out key factors to guide a section 227(2)
enquiry.1 These include:
i. the interests of justice, including the accused’s right to present a full defence
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replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
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these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
Section 227(2) of the Criminal Procedure Act 51 of 1977 clearly prohibits evidence
relating to the complainant’s sexual history, unless the court grants leave on the
basis that such evidence is relevant to the issues before the court.1 In this matter,
the questions relate to the complainant’s sexual activities with other men and have
no direct connection to the alleged rape by the accused. They are therefore
irrelevant and inadmissible.
The court in S v M 2003 (1) SA 341 (SCA) set out key factors to guide a section
227(2) enquiry.2 These include:
i. the interests of justice, including the accused’s right to present a full
defence
ii. society’s interest in encouraging the reporting of sexual offences
iii. whether the evidence will assist in reaching a just outcome
iv. the need to eliminate discriminatory bias
v. the risk of prejudice, sympathy or hostility
vi. the impact on the complainant’s dignity and privacy
vii. the right to personal security and protection
viii. any other relevant factor
Applying these factors, the questioning is unjustified as it undermines the
complainant’s dignity and introduces prejudice without assisting the court. The
accused’s right to a defence does not extend to irrelevant and harmful questioning.
For the same reasons, the accused should not be allowed to call witnesses
regarding the complainant’s sexual history with other men. Such evidence remains
irrelevant and inadmissible under section 227(2), and would unfairly prejudice the
complainant without contributing to a fair determination of the case.3
QUESTION 2
The exception that allows the flat mate to testify is the complaint in sexual offence
cases exception to the rule against previous consistent statements. This exception
1
Criminal Procedure Act 51 of 1977 s 227(2).
2
S v M 2003 (1) SA 341 (SCA).
3
Criminal Procedure Act 51 of 1977 s 227(2).
Assignment 2 Semester 1 2026
Unique number:
Due Date: 9 April 2026
QUESTION 1
Section 227(2) of the Criminal Procedure Act 51 of 1977 clearly prohibits evidence relating
to the complainant’s sexual history, unless the court grants leave on the basis that such
evidence is relevant to the issues before the court.1 In this matter, the questions relate to the
complainant’s sexual activities with other men and have no direct connection to the alleged
rape by the accused. They are therefore irrelevant and inadmissible.
The court in S v M 2003 (1) SA 341 (SCA) set out key factors to guide a section 227(2)
enquiry.1 These include:
i. the interests of justice, including the accused’s right to present a full defence
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
Section 227(2) of the Criminal Procedure Act 51 of 1977 clearly prohibits evidence
relating to the complainant’s sexual history, unless the court grants leave on the
basis that such evidence is relevant to the issues before the court.1 In this matter,
the questions relate to the complainant’s sexual activities with other men and have
no direct connection to the alleged rape by the accused. They are therefore
irrelevant and inadmissible.
The court in S v M 2003 (1) SA 341 (SCA) set out key factors to guide a section
227(2) enquiry.2 These include:
i. the interests of justice, including the accused’s right to present a full
defence
ii. society’s interest in encouraging the reporting of sexual offences
iii. whether the evidence will assist in reaching a just outcome
iv. the need to eliminate discriminatory bias
v. the risk of prejudice, sympathy or hostility
vi. the impact on the complainant’s dignity and privacy
vii. the right to personal security and protection
viii. any other relevant factor
Applying these factors, the questioning is unjustified as it undermines the
complainant’s dignity and introduces prejudice without assisting the court. The
accused’s right to a defence does not extend to irrelevant and harmful questioning.
For the same reasons, the accused should not be allowed to call witnesses
regarding the complainant’s sexual history with other men. Such evidence remains
irrelevant and inadmissible under section 227(2), and would unfairly prejudice the
complainant without contributing to a fair determination of the case.3
QUESTION 2
The exception that allows the flat mate to testify is the complaint in sexual offence
cases exception to the rule against previous consistent statements. This exception
1
Criminal Procedure Act 51 of 1977 s 227(2).
2
S v M 2003 (1) SA 341 (SCA).
3
Criminal Procedure Act 51 of 1977 s 227(2).
