LEV3701 Assignment 2 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

LEV3701 Assignment 2 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references.. 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. There was no moon on the night in question and there are no lights in that part of the campus. The accused also cross-examines her about her sexual relations with various other men and indicates that he intends calling witnesses in this regard. The prosecutor responds by calling the complainant’s flat mate, who testifies that the complainant gave her a similar version of the events that very same night. She also testifies to what the complainant said about the identity of her assailant. Question 1 Fully discuss, with reference to the Criminal Procedure Act 51 of 1977 and guidelines from case law, whether you would also have allowed the questions that were put to the complainant during cross-examination. Also explain whether you will allow him to call witnesses in this regard. (12) Question 2 Because of the nature of the crime, the flat mate was allowed to testify as an exception. However, before this exception can apply, certain requirements must be satisfied. Name this exception and mention the requirements that must be met before the exception will apply. Do not discuss or explain the requirements. (4) Question 3 If the prosecutor never called the complainant to testify, this changes the nature of the evidence that the flat mate can give. Give a definition of this type of evidence and mention the exceptions for admissibility. Do not discuss or explain the exceptions. (4)