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cautionary rule

ID
185

S. v. Katamba

The State appeals the decision in the High Court to acquit the accused of all charges of rape and abduction of an 11 year old by taking her away from her guardian with the intent to have sexual intercourse with her.  The Court reversed the acquittal and found the accused guilty on the charges of rape and abduction and affirmed an earlier judgment that the cautionary rule discriminates against women in violation of the Constitution and should only be used at a judge's discretion in extreme cases where there is some valid reason to question a complainant's veracity

State v Koch

The respondent, a 42-year old man, was charged with child trafficking and rape of five minor girls aged between 9 and 13. The trial court convicted him of trafficking the children and sentenced him to eight years in prison, but not guilty of rape. The Supreme Court affirmed the trial court verdicts after the state appealed, but increased the sentence. The court found that child-complainants’ testimonies were too inconsistent to prove rape.

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