14 Jun 2016

Drinking and sex: What does too drunk to consent mean?

Jennifer Thorpe

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But, as she rightly points out, being drunk is not a crime, and alcohol has never raped anyone.

South African law is very clear that what happened in this situation was rape. In terms of the Sexual Offences Act (Act 32 of 2007), any act of sexual penetration without consent constitutes a rape.

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