What the law states according to SA

A person will be guilty of the offence of rape if they have sexual intercourse with another person without the consent of that person. 

A person will be guilty of the offence with they knew that the person was not consenting or they were recklessly indifferent as to whether that other person consents. 

The maximum penalty for rape is imprisonment for life.

The prosecution must prove that sexual intercourse took place,

  • without consent
  • knowing there was no consent; or
  • recklessly indifferent to consent

It may be a defence to the charge if you:

  • Had consent