Kabelo, a 15-year-old boy, and Thandi, a 17-year-old girl, are in a romantic relationship. One afternoon, while alone together, they engage in sexual intercourse. Thandi later states that although she did not explicitly resist, she felt pressured by Kabelo’s persistence and believed she had little choice but to go along with it. Kabelo, on the other hand, maintains that Thandi participated willingly and that he believed she consented to the encounter. The State considers whether Kabelo can be charged with rape under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Can Kabelo be charged?

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Kabelo cannot be charged with rape because he is under the age of 16 and therefore lacks criminal capacity for sexual offences.

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Kabelo can be charged with rape if it is proven that Thandi did not consent, as a minor may incur criminal liability depending on his capacity.

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Kabelo cannot be charged with rape because the relationship was consensual and both parties are minors.

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Kabelo can only be charged if Thandi physically resisted or expressly stated that she did not consent.

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Kabelo, a 15-year-old boy, and Thandi, a 17-year-old girl, are in a romantic rel...

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