ABSTRACT

This chapter highlights the shades of grey which exist with regards to the law relating to the definition of rape/sexual assault, consent and corroboration, besides the factors which impact upon a victim's decision to report and the criminal justice system's decision to prosecute a rape/sexual assault case. The law of rape and sexual assault has been subject to continuous scrutiny and significant reforms over the years. Held that the reforms were intended only to abolish the rules that presumed that women as a class of witness were untrustworthy. Changes to the law relating to corroboration and recent complaint, along with introducing and/or amending definitions of consent, mens rea and rules pertaining to the vitiation of consent, have all taken place in order to update the law and challenge mistaken assumptions and myths regarding rape and sexual assault. Various forms of fraud or mistake as well as abuse of authority or trust are recognised as vitiating consent in most jurisdictions.