O’REGAN J remains a factor to be considered in determining whether the connection between the wrong and the employment is sufficiently close or not. It cannot on its own always be determinative. In this case, the applicant accepted assistance offered by the police. The fact that this may have been against standing orders is not sufficient on its own in view of the other factors already mentioned to mean that the respondent cannot be vicariously liable. [56] Counsel for the respondent conceded that if the policemen had arrested the applicant and then raped her in circumstances otherwise similar to this case, the respondent would have been liable vicariously. He argued however that as the applicant had not been arrested in this case, no liability on the part of the respondent should arise. Although there can be no doubt that where police officers arrest or detain a person, and then assault that person, it is likely that the respondent would be liable, it does not seem to me that the converse should be true and that the respondent should not be liable where the assault is on a person who has not been arrested but has accepted an offer of assistance from the police. In this case, the applicant willingly accepted assistance from the policemen. Once in their car, when it became clear that they no longer intended to take her home safely, she struggled and sought to resist their attack. To conclude that, on the facts of this case the Minister is not liable, when it is conceded he would have been liable should Ms K have been detained on a reasonable suspicion of having committed an offence and then raped, would be absurd. It would be a conclusion quite at odds with our constitutional values and the in circumstances similar to either Marais or Bezuidenhout. It is not necessary to consider these cases further now. 38