2. A South African student is charged with the alleged rape of a fellow student. During the trial, the victim testifies that the rape took place one night after a function on a deserted part of the campus. She explains that she was involved in a serious battle with her assailant and identifies the accused as her attacker. During cross-examination it is put to her that she is lying, because she couldn't have observed the assailant's identity properly. The accused also cross-examines her about her sexual relations with various other men and indicates that he intends calling witnesses in this regard. The prosecutor responds by calling the complainant's friend who testifies that the complainant had given her a similar version of the events that very same night. She also testifies to what the complainant had said about the identity of her assailant.

2.1. Fully discuss, with reference to the Criminal Procedure Act of 1977 and guidelines from case law, whether you would also have allowed the questions that were put to the complainant during cross-examination. Also explain whether you will allow him to call witnesses in this regard. (10 marks)

2.2. Because of the nature of the crime, the complainant's friend could testify as an exception. However, before this exception can apply, certain requirements must be satisfied. Fully discuss the exception and requirements with reference to decided cases. (10 marks)

2.3. If the prosecutor never called the complainant to testify, this changes the nature of the evidence that the complainant's friend can present. Fully explain whether you would still allow the friend to come and testify under such circumstances. Give a definition of this type of evidence in your answer and refer to section 3(1)(c) of the Law of Evidence Amendment Act 45 of 1988 and decided cases. (10 marks)