The defence of mistaken belief in consent

Abstract

Two noteworthy events have recently added momentum to the debate on the law of sexual assault in South Africa. The first is the commencement, on 1 December 007, of the Criminal Law (Sexual Offences and Related Matters) Amendment Act ('the new Act'). The Act is based on the South African Law Reform Commission's proposals and, once operative, will bring about vast changes to the legal framework regulating substantive as well as procedural aspects of sexual assault in South Africa.