P.V.R v A.V.Z.M (2700/08)
P.V.R v A.V.Z.M (2700/08) [2014] ZAECPEHC 97; 2015 (3) SA 376 (ECP) (17 December 2014)
The court found that the plaintiff's version of events was more probable and credible than the defendant's. The evidence established that the defendant engaged in oral sex with the plaintiff's wife, which constituted adultery under South African law. The court rejected the defendant's argument that oral sex does not amount to adultery, holding that a narrow definition of sexual intercourse would be absurd and unfair, particularly in light of constitutional equality. The court adopted a broader definition, consistent with developments in criminal law and comparative jurisprudence, and conclude…
Source excerpt
- Adultery
- Loss Of Consortium
- Iniuria
- Damages
- Definition Of Sexual Intercourse