The appellant, Jason Naidoo, was convicted in the regional court on charges of sexual assault under s 5(1) of the Criminal Law Amendment (Sexual Offences and Related Matters) Act 32 of 2007 and attempted murder. The complainant was a 16-year-old girl and a friend of the appellant, who was 18 at the time. After consuming a large amount of alcohol for the first time, the complainant became heavily intoxicated. At a park near her home, after vomiting repeatedly, she alleged that the appellant touched her breasts and buttocks without consent, attempted to strangle her, and that she later lost consciousness. When she awoke, her pants and underwear were around her ankles. A neighbourhood watch member, Mr Jones, encountered them but observed no obvious distress or injuries at the time. Medical evidence later revealed injuries that could be consistent with strangulation but were also capable of alternative explanations linked to vomiting and intoxication. The appellant denied assault, stating he fell asleep and later found the complainant partially undressed, with faeces nearby. The complainant’s evidence contained inconsistencies and contradictions, and she had initially been unsure whether she was strangled.