Court Declares: Kissing and Foreplay Are Not Consent in Relationships
The South African Court of Appeal has made a ruling that has provided more precise guidance on various aspects of sexual consent.
According to a report done by the Centre of Legal Studies (CALS), a landmark ruling done by the court emphasized that kissing does not equate to consent for sex, affirming that “no” means “no.”
The court underscored that consent, even if initially granted for a particular sexual act, can be retracted during the act itself.
What happened?
According to the report, in October 2021, a South African High Court cleared Loyiso Coko of the sexual assault charges against his ex-partner, which had been previously established by a regional court.
Coko was initially sentenced to seven years in prison, but he successfully challenged his conviction in the high court.
The report also noted that the complainant had repeatedly asked her ex-partner to cease his actions, but he did not comply. Nevertheless, the court determined that the accused did not intend to sexually assault his ex-partner, and therefore he was cleared of sexual assault charges.
The court is said to have referenced misconceptions about sexual assault to support the accused’s point of view. This included referring to their involvement in other forms of intimate contact, such as kissing and oral sex, as evidence of consent.
Court of Appeal changes verdict
The court’s verdict, however, caused outrage among community members, causing the public prosecutions to take the matter to the Supreme Court of Appeal (SCA).
Several organizations joined forces and participated as amicus curiae, providing their perspectives on the decision.
The court recently upheld the appeal against Coko, reinstating his guilty verdict. The SCA ruled that consent to “foreplay” does not equate to consent for intercourse.
Judge Petse emphasized that being in a relationship with the accused does not imply automatic consent to all sexual acts.
She underscored that consent for one specific sexual act should not be construed as a blanket authorization for all other acts.
Court Declares: Kissing and Foreplay Are Not Consent in Relationships