The Soul City Institute for Social Justice says they are appalled by the overturning by Acting Judge Tembeka Ngcukaitobi and Judge Nyameko Gqamana of the seven-year prison sentence originally handed down to Loyiso Coko for raping his partner.
The judges found that the original findings of the Makhanda Regional Court were "erroneous" and that the previous sentence was unduly harsh, ignores the interests of society, and induces a sense of shock.
Coko, who is a former paramedic was found guilty in the Grahamstown Regional Court a year ago and subsequently sentenced to seven years in prison.
A spokesperson for the National Prosecuting Authority (NPA) in the Eastern Cape Anelisa Ngcakani says the 26-year-old Loyiso Coko was in a romantic relationship with his alleged victim, who agreed to have oral sex.
The woman said she explicitly warned Coko against any penetration as she was still a virgin.
In the initial ruling, the Judge found that Coko ignored his girlfriend's warning and forced himself upon her.
The Institute says the NPA is on record as saying that there was a prior agreement between the couple to not have penetrative sex. In fact, the woman actually negotiated very clearly her willingness to have oral sex but not penetrative sex.
It further states that even if there was no prior agreement, the law in South Africa allows for a person to refuse penetrative sex at any stage in an engagement.
Read the full statement from the Soul City Institute here.
