When University of Fort Hare scholars conduct and produce research, it is with the goal of making an impact. Take Ms Seroné Stal, a lecturer at the Faculty of Law.
In addition to being cited by the Gauteng High Court in S v Modimokwane (SS 20/2022) [2023] ZAGPJHC 1208 (11 October 2023), her groundbreaking article, “Does Mistaken Belief in Consent Constitute a Defence in South African Rape Cases?” has also been referenced internationally in a recent publication by scholars from the University of Nevada.
Published in the Potchefstroom Electronic Law Journal (PER/PELJ) in 2023, the paper examines the complex issue of whether a mistaken belief in consent can serve as a valid defence in rape cases.
Cited in Court, Recognized Globally
Stal’s article was cited by international scholars, Deborah Davis and Laura Pazos from the University of Nevada, in their 2025 publication, “Complexities of Sexual Consent and Its Communication: Implications for Forensic Interviewing.”
“This indicates that the questions raised in my research extend beyond South Africa’s borders and continue to shape global discussions on sexual consent, communication, and criminal liability. Collectively, these developments reaffirm that the issues explored in my 2023 article remain both legally and socially pressing, making its publication in 2025 timely and justified,” she said.
Before earning international attention, the article was cited by the Gauteng High Court in a judgment interpreting the role of consent and intention (mens rea) in rape cases. This highlights the importance of academic research in informing judicial reasoning and the development of criminal law.
Reflecting on this recognition, Ms Stal said: “For an emerging scholar, being cited by a court represents a significant academic and professional milestone, as it demonstrates that the research has influenced judicial reasoning. The article’s citation reflects its ongoing relevance to South African criminal law, particularly in interpreting the complex relationship between consent and mens rea in rape cases.”
The Challenge of Consent in Rape Cases
According to Ms Stal, the foundation of her work stems from a critical analysis of an Eastern Cape High Court decision, which held that a person’s mistaken belief in consent to penetrative sex could constitute a valid defence.
“The Coko v S case, which formed the foundation of my analysis, was subsequently appealed and taken before the Supreme Court of Appeal,” she explained. “However, the matter remains unresolved, leaving uncertainty as to whether a mistaken belief in consent can constitute a valid defence in South African rape cases. This continued ambiguity sustains the relevance of my original argument and highlights the need for further scholarly engagement.”
Her research examined whether a “reasonable belief” in consent should ever be sufficient to acquit an accused.
Advice for Future Legal Thinkers
On advising aspiring young scholars, Stal stressed that producing research with impact requires more than academic precision. “It demands curiosity, courage, and a sense of purpose. Engage critically with emerging societal and legal issues, ensuring that your work addresses questions that matter both in the courtroom and in the community.”
She also encouraged the pursuit “to strive to write with clarity, accessibility, and conviction, so that your findings can reach audiences beyond academia. Most importantly, view your scholarship as a tool for justice and transformation; meaningful research should not only interpret the law but also inspire its progress.”