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Supreme Court of Appeal (Hoogste hof van Appèl)

Egglestone v. The State

A high school teenage girl from an impoverished neighborhood consented to undergo job training as a receptionist at the appellant's escort agency. She alleged that during her training, the appellant held her against her will, and raped and sexually assaulted her. The appellant argued that his conviction should be overturned because the victim had consented.  The court dismissed the kidnapping charges, but upheld the rape and sexual assault charges. The court acknowledged that although the victim consented to parts of the training (i.e.

Media 24 Ltd. & Another v. Grobler

The respondent won a judgment against the appellant for 13 by a manager trainee employed  by the appellant.  On appeal the appellant claimed (1) it could not be held liable for its employee's actions that occurred off work premises, (2) it had no knowledge of the harassment incidences, and (3) the employee was not acting within the scope of employment.   The court held that employers have a legal duty to protect their employees from physical and psychological harm caused by co-employees.

Naidoo v. Minister of Police

The plaintiff attempted to bring a charge of assault against her former husband under the Domestic Violence Act of 1998 (“the DVA”). She was incorrectly advised by a police officer that she required a protection order from the Magistrate Court before she could receive police assistance. She was then told by a second officer that her former husband would bring a similar charge of assault against her if she persisted. The plaintiff, along with her former husband, was arrested.

State. v. J.M.

The appellant, M., was tried before a regional magistrate for the rape of his six-year-old daughter during 1989. He was convicted and sentenced to ten years imprisonment, which he appealed. The Court held that, especially given the age of the complainant at the time, the question of a consensual sexual relationship is moot and further stipulated that the sexual history of the complainant is not relevant in a charge of rape, unless the Court specifically judges it to be so.

State. v. Jackson

The appellant, a 24-year-old police officer at the time of the charged conduct, was convicted of the attempted rape of a 17-year-old girl.  She fought him off and managed to escape the car.  The examining physician found some evidence of unlubricated sexual contact, but no conclusive evidence of penetration.  He appealed on the grounds of the cautionary rule, encouraging the court to handle accusations of rape cautiously to prevent false convictions.  The Court held that the cautionary rule was based on outdated stereotypes against women and that in crimin

State. v. Mahomotsa

The accused was charged and convicted on two separate counts of rape for raping two 15-year-old girls more than once and sentenced to six years imprisonment for the first count and 10 years imprisonment for the second.  On appeal, the defense argued that the sentence was too severe because of mitigating circumstances, specifically that the victims did not suffer serious physical or psychological injuries and that both victims had previously been sexually active.

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