I would like to know if there is a way t...

Asked by Lizsz12 on 20-11-2018 23:23:32
Question posted in the General Law category relating to Gauteng
Question value: R 100.00

I would like to know if there is a way to press charges in South Africa for the following situation: a friend of mine has been on holiday with a married man with whom she has a platonic relationship as it is far distance. The holiday was planned to close things or give them direction. During the whole week before and the week itself, he promised and insisted that he would leave his wife and be with her, and she has proof of that. Under those conditions she has accepted to sleep with him. Extremely shortly after this encounter, he tells her it wasn't true. I believe she was deceived but we don't know if this is considered illegal in SA and if there is anything that can be charged. Thx

Ask your OWN Legal Question!

Answer to the Question

Posted by Att. Patrick on 21-11-2018 09:56:45

Hi there and thank you for your question,

Unfortunately no, it is not possible for your friend to either press criminal charges or institute a civil claim against this man for lying to her about his intentions of leaving his wife to be with your friend, and on that basis she slept with him. There is nothing in our statutes (Acts) or in our common law (cases in court) or in our legal history (precedent) which will allow such a claim.

The claim is not criminal because he didn't force himself on her. i.e. rape. He basically convinced her of something, and she then slept with him. There is no criminal aspect here, just a devious lying person.

Any claim which your friend MIGHT have would therefore be a civil claim, but I can't see how one would go about claiming this. There is no financial loss to your friend. It is more of an emotional pain that she has suffered as a result of what happened. But how do you quantify such a loss in Rands and cents. Also, such a claim would need to be based on some sort of legal duty - which I don't think exists.

In short, I don't think that your friend will be successful in any criminal or civil claim - especially if she knew that the man was already married and that he was cheating on his wife.

What your friend might be aware of is that the wife might try to sue your friend for "breaking up" their marriage ... so perhaps she should not make too much of this, otherwise she might find herself in a court case with the wife!

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.