RRLLB81
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, The doctrine of common purpose and sexual assault
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: April 2026)
Varsity Cube 2026 +27 81 278 3372
, Abstract
The doctrine of common purpose allows criminal liability to be attributed to all
members of a group who share an intention to commit a crime, even where it is
difficult to determine the individual actions of each participant. Traditionally, this
doctrine has been applied mainly in cases of murder. However, its application was
extended to sexual offences by the Constitutional Court in S v Tshabalala and
Another, where the Court held that participants in a group rape may be convicted of
rape even if they did not personally commit the physical act of penetration. This
research examines whether extending the doctrine of common purpose to rape
strengthens South African criminal law. The study evaluates the development of the
doctrine, relevant case law, constitutional values, and scholarly commentary. It
argues that extending the doctrine enhances accountability, protects victims of
sexual violence, and aligns the law with constitutional principles of dignity, equality,
and freedom. The research concludes that the extension promotes justice in cases
involving collective sexual violence.
Varsity Cube 2026 +27 81 278 3372
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, The doctrine of common purpose and sexual assault
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: April 2026)
Varsity Cube 2026 +27 81 278 3372
, Abstract
The doctrine of common purpose allows criminal liability to be attributed to all
members of a group who share an intention to commit a crime, even where it is
difficult to determine the individual actions of each participant. Traditionally, this
doctrine has been applied mainly in cases of murder. However, its application was
extended to sexual offences by the Constitutional Court in S v Tshabalala and
Another, where the Court held that participants in a group rape may be convicted of
rape even if they did not personally commit the physical act of penetration. This
research examines whether extending the doctrine of common purpose to rape
strengthens South African criminal law. The study evaluates the development of the
doctrine, relevant case law, constitutional values, and scholarly commentary. It
argues that extending the doctrine enhances accountability, protects victims of
sexual violence, and aligns the law with constitutional principles of dignity, equality,
and freedom. The research concludes that the extension promotes justice in cases
involving collective sexual violence.
Varsity Cube 2026 +27 81 278 3372
