is likely to rebut evidence previously adduced by the prosecution; (e) is fundamental to the accused's defence; (f) is not substantially outweighed by its potential prejudice to the complainant's personal dignity and right to privacy; or (g) is likely to explain the presence of semen or the source of pregnancy or disease or any injury to the complainant, where it is relevant to a fact in issue; (6) The court shall not grant an application referred to in subsection (2) (a) if, in its opinion, such evidence or questioning is sought to be adduced to support an inference that by reason of the sexual nature of the complainant's experience or conduct, the complainant- (a) is more likely to have consented to the offence being tried; or (b) is less worthy of belief. (7) The court shall provide reasons for granting or refusing an application in terms of subsection (2) (a) , which reasons shall be entered in the record of the proceedings.'. 12 The amendment of section 238 by- (a) the substitution for subsection (1) of the following subsection: '(1) At criminal proceedings at which an accused is Page 55 of 74 CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AME... 2015/03/24 ...
charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007- (a) it shall be sufficient to prove that the person against whom or by whom the offence is alleged to have been committed, is reputed to be the lineal ascendant or descendant or the sister, brother, stepmother, stepfather, stepdaughter or stepson of the other party to the incest; (b) the accused shall be presumed, unless the contrary is proved, to have had knowledge, at the time of the alleged offence, of the relationship existing between him or her and the other party to the incest.' ; and (b) the substitution for subsection (2) of the following subsection: '(2) Whenever the fact that any lawful and binding marriage was contracted is relevant to the issue at criminal proceedings at which an accused is charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, such fact may be proved prima facie in the manner provided in section 237 for the proof of the existence of a lawful and binding marriage of a person charged with bigamy.'. 13 The substitution for section 261 of the following section: '261 Rape, compelled rape, sexual assault, compelled sexual assault and compelled self- sexual assault (1) If the evidence on a charge of rape or compelled rape, as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or any attempt to commit any of those offences, does not prove any such offence or an attempt to commit any such offence, but the offence of- (a) assault with intent to do grievous bodily harm; (b) common assault; (c) sexual assault as contemplated in section 5 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; (d)
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- Summer '18
- Carey Robertson
- Sexual intercourse, Human sexual behavior