LEV3701
ASSIGNMENT 2 (SEMESTER 1)
DUE 9 APRIL 2026
QUESTION 1
In the present matter, the accused seeks to challenge the complainant’s credibility and
to call witnesses regarding her sexual history. The Criminal Procedure Act 51 of 1977
(CPA) governs such questioning and evidence. Section 228(1) of the CPA provides that
evidence of the sexual history of the complainant is generally inadmissible in sexual
offence cases, except where the court considers it strictly relevant to an issue in dispute
and not intended merely to impugn credibility. In this case, the complainant’s ability to
identify her assailant is the central issue.
Cross-examining her about sexual relations with other men is not directly relevant to her
ability to identify the accused on the night in question. The courts have consistently held
that evidence of prior sexual conduct cannot be used to attack credibility (S v M 2008
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
ASSIGNMENT 2 (SEMESTER 1)
DUE 9 APRIL 2026
QUESTION 1
In the present matter, the accused seeks to challenge the complainant’s credibility and
to call witnesses regarding her sexual history. The Criminal Procedure Act 51 of 1977
(CPA) governs such questioning and evidence. Section 228(1) of the CPA provides that
evidence of the sexual history of the complainant is generally inadmissible in sexual
offence cases, except where the court considers it strictly relevant to an issue in dispute
and not intended merely to impugn credibility. In this case, the complainant’s ability to
identify her assailant is the central issue.
Cross-examining her about sexual relations with other men is not directly relevant to her
ability to identify the accused on the night in question. The courts have consistently held
that evidence of prior sexual conduct cannot be used to attack credibility (S v M 2008
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
