Semester 2 2026 - DUE 27 August 2026; 100% Correct
solutions and explanations.
Criminal Liability of Ms Speedy
Introduction
Ms Speedy may potentially be charged with several offences arising from her conduct
towards Mr Muscles. The most important offences are sexual grooming of a child,
assault, attempted murder or, alternatively, assault with intent to do grievous bodily
harm, and malicious injury to property if the bicycle was damaged. It is also necessary
to consider attempted rape, although the facts create an important distinction because
Ms Speedy intended that the sexual intercourse would ultimately be “consensual”. The
fact that Mr Muscles is 17 years old is particularly significant because the statutory
offences concerning consensual sexual penetration and sexual violation of children under
sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters)
Amendment Act 32 of 2007 apply to children under 16, rather than automatically
criminalising consensual sexual conduct involving every person under 18.
1. Sexual grooming of a child
The strongest sexual offence arising from Ms Speedy's conduct is sexual grooming of a
child in terms of section 18 of the Criminal Law (Sexual Offences and Related Matters)
Amendment Act 32 of 2007 (SORMA).
Mr Muscles is 17 and therefore qualifies as a child for purposes of SORMA. Section 18
criminalises, among other conduct, acts committed in the presence of a child with the
intention of encouraging or persuading the child, or diminishing or reducing the child's
resistance or unwillingness, to perform a sexual act with the accused. It also covers
conduct directed towards meeting or inducing a child to participate in sexual conduct.
The facts satisfy these requirements particularly clearly. Ms Speedy deliberately arranged
the cycling trip to an isolated location and planned to give Mr Muscles alcohol because
she believed that the beer would “relax him” and reduce his inhibitions. Her statement
that the beer would “allow her to demonstrate her love for him” demonstrates the sexual
purpose behind the conduct. Most importantly, the facts expressly state that she hoped the
alcohol would diminish his inhibitions so that he would agree to sexual intercourse.
Her conduct therefore goes beyond merely having an inappropriate romantic interest in a
17-year-old. She deliberately attempted to manipulate his state of mind in order to reduce
his resistance to sexual activity. This falls squarely within the protective purpose of the