TUTORIAL EXERCISE 5

Lula, recently divorced, decided to have some fun with her friends Nana and Jena in order to
get her mind of her troubles. They decided to go to a dance club in town. At the club, Lula was
approached by Alang and they danced together for a while. Later, Alang suggested that they go
for supper but Nana and Jena declined. Lula, who was feeling attracted to Alang, agreed to go
with him.

They had supper and stayed until late. At this point, Lula and Alang had gotten quite
comfortable with each other and Lula did not resist when Alang proceeded to kiss her and touch
her affectionately. Alang suggested that they go to his place and Lula agreed.

When they get to Alang’s house, Alang made further advances to Lula and indicates that
he wants to have sexual intercourse with her. Lula declined. Alang got up and went to the
kitchen to fetch something. When he came back, he held a chopper in his hands, approached
Lula and cut her trouser belt. Alang then threatened Lula with the chopper. Lula was frightened
and tried to struggle free but could not. When her trousers dropped, she was dragged to the
bedroom, pushed onto the bed by Alang who then took off his own trousers and got on top of
Lula. Sexual intercourse followed.

Lula later filed a police report and Alang was arrested.

As a prosecutor, decide whether Alang had committed an offence. Support your answer with
case authorities and relevant provision/s of the law.

(20 marks)