CRW2601_EXAMPACK

Nov 2015 SECTION A 1. 1 2. 5 3. 5 4. 4 5. 4 6. 5 7. 5 8. 3 9. 3 10. 2 SECTION B QUESTION 1 Question 1(a) i. The consent must be (1) given voluntarily (2) given by a person who has certain minimum mental abilities (3) based upon knowledge of the true and material facts (4) given either expressly or tacitly (5) given before the commission of the act (6) given by the complainant herself ii. No. If a woman is mentally ill, under a certain age, drunk, asleep or unconscious, she cannot give valid consent to sexual intercourse (C 1952 (4) SA 117 (O) 121; K 1958 (3) SA 420 (A)). Question 1(b) i. Any 4 of the following factors  the relationship between the parties  their respective ages, gender and physical strengths  the location of the incident  the nature, severity and persistence of the attack