(a) Name all the possible offences with which X may be charged in respect of
his conduct with Y and give a reason for your conclusion in each instance. (4)
X may be convicted of consensual sexual penetration or statutory rape with a child in
terms of section 15 of the Act. A child is defined in section 1(1) as “a person 12 years
or older but under the age of 16 years”. The elements of the crime include the
commission of the act of sexual penetration with a person 12 years or older but under
the age of 16 years old, the crime should be unlawful and intentional. X will be guilty
of the offence even if Y has given consent. In the case of Sheldon-Lackay 2016 (2)
SACR 632 (NWM), X, 39 year female had asexual relationship with a 15 year old,
she raised the defence of impression that the boy was 16 years of age however the
court rejected it and she was accordingly convicted of a contravention of section 15.
(b) Define the offence with which X may be charged in
X may be convicted of rape in this instance as clearly demonstrated in the scenario X
went explicitly against her will even when she did not want to him to penetrate her. All
the definitional elements of rape are met which includes sexual penetration of
another person without the consent of the latter person as well as unlawfulness and
intention.
his conduct with Y and give a reason for your conclusion in each instance. (4)
X may be convicted of consensual sexual penetration or statutory rape with a child in
terms of section 15 of the Act. A child is defined in section 1(1) as “a person 12 years
or older but under the age of 16 years”. The elements of the crime include the
commission of the act of sexual penetration with a person 12 years or older but under
the age of 16 years old, the crime should be unlawful and intentional. X will be guilty
of the offence even if Y has given consent. In the case of Sheldon-Lackay 2016 (2)
SACR 632 (NWM), X, 39 year female had asexual relationship with a 15 year old,
she raised the defence of impression that the boy was 16 years of age however the
court rejected it and she was accordingly convicted of a contravention of section 15.
(b) Define the offence with which X may be charged in
X may be convicted of rape in this instance as clearly demonstrated in the scenario X
went explicitly against her will even when she did not want to him to penetrate her. All
the definitional elements of rape are met which includes sexual penetration of
another person without the consent of the latter person as well as unlawfulness and
intention.
