LEV3701 Assignment 2
(COMPLETE ANSWERS)
Semester 1 2026 - DUE 9
April 2026
NO PLAGIARISM
[Pick the date]
[Type the company name]
, Exam (elaborations)
LEV3701 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 9 April
2026
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)
This question requires a careful balancing of the accused’s right to a fair trial (including full
cross-examination) against the complainant’s rights to dignity, privacy, and protection from
unfair prejudice, as regulated by the Criminal Procedure Act 51 of 1977 and developed in case
law.
1. Cross-examination on identification
(lighting and visibility)
Legal principles
Cross-examination is a fundamental component of a fair trial. An accused is entitled to:
challenge the credibility of the complainant, and
test the reliability of her observations, especially identification.
(COMPLETE ANSWERS)
Semester 1 2026 - DUE 9
April 2026
NO PLAGIARISM
[Pick the date]
[Type the company name]
, Exam (elaborations)
LEV3701 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 9 April
2026
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)
This question requires a careful balancing of the accused’s right to a fair trial (including full
cross-examination) against the complainant’s rights to dignity, privacy, and protection from
unfair prejudice, as regulated by the Criminal Procedure Act 51 of 1977 and developed in case
law.
1. Cross-examination on identification
(lighting and visibility)
Legal principles
Cross-examination is a fundamental component of a fair trial. An accused is entitled to:
challenge the credibility of the complainant, and
test the reliability of her observations, especially identification.
