Thabo, a 34-year-old gangster, seeks to join a criminal group. As part of his initiation, he is instructed by senior members to force another individual to commit rape. Thabo compels Sipho, under threat of serious harm, to sexually penetrate a 24-year-old man without his consent. Thabo is charged under section 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, which deals with compelled rape. The State also considers whether Sipho can be held criminally liable. Which of the following best reflects the correct legal position in South African law?

Question

Answer

Thabo cannot be found guilty of compelled rape because he did not personally perform the act of sexual penetration, and Sipho alone is guilty of rape.

Answer

Thabo is guilty of compelled rape under section 4, and Sipho is not criminally liable because he acted under compulsion.

Answer

Thabo is guilty only as an accomplice to rape, and Sipho cannot be charged because the act was committed under gang pressure.

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Thabo is guilty of compelled rape under section 4, and Sipho may also be guilty of rape, although he may raise the defence of duress.

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Thabo, a 34-year-old gangster, seeks to join a criminal group. As part of his in...

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