JUST IN | NPA misses deadline to appeal Ngcukaitobi rape ruling that links foreplay to consent | News24

Karyn MaughanActing Judge Tembeka Ngcukaitobi and Judge Nyameko Gqamana last month overturned paramedic Loyiso Coko's conviction for raping his then-girlfriend.Ngcukaitobi found that, while Coko's accuser had told him that she was a virgin and did not want to have sex with him, it could not be said that Coko knew that there was no consent.

"We know we have missed the deadline, but we are thoroughly considering this matter," NPA spokesperson Mthunzi Mhaga told News24 on Friday. Given the NPA's own recognition that the Coko ruling had"far-reaching implications", it remains unclear why the prosecuting authority has taken so long to decide whether to appeal or not.The State can challenge any ruling that it feels misapplies or misinterprets the law – and, in the Coko ruling, any potential appeal would arguably centre on Ngcukaitobi's interpretation of how consent is expressed and understood.

It was the state's case that Coko and his then-girlfriend – a masters student at Rhodes University – had agreed prior to the alleged rape that they could have oral sex. Coko's accuser had, however, expressly told him that she did not want to have penetrative sex with him because she was still a virgin.As appeal calls against the Ngcukaitobi rape judgment grow, we unpack consent.

karynmaughan So let’s RememberKhwezi and her rapist

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