Sexual Offences Act ruling paves way for prosecutors to take into consideration what a reasonable person in the position of an accused person, would have thought in terms of consent

Update@Noon

The Pretoria high court has declared sections of the Sexual Offences Act unconstitutional. on Monday, the court removed the ability of persons accused of sexual violence to rely on a subjective belief that consent was given by a complainant. The accused person will now have to ensure that consent was given even though the victim might not have physically or loudly expressed it. The ruling comes after the NGO The Embrace Project, a rape survivor and the Centre for Applied Law approached the court to declare sections the Sexual Offences Act invalid. Bongiwe Zwane spoke to Director of The Embrace Project, Lee Anne Germanos Manuel