Criminal Code (R.S.C., 1985, c. C-46), Sections 486 and 714 (Vulnerable Witnesses)
Criminal Code C-46 provides mechanisms which make is easier for vulnerable persons such as female complainants to give testimony during criminal proceedings.
Criminal Code C-46 provides mechanisms which make is easier for vulnerable persons such as female complainants to give testimony during criminal proceedings.
The appellant was convicted of rape of his daughter. The Supreme Court affirmed the conviction, noting that the appellant failed to proffer a credible defense, instead merely denying the accusations. To the contrary, there is a recognized presumption of credibility when a daughter accuses her father. The conviction was upheld.
The appellant was convicted of two counts of statutory rape. The appellant sought to overturn the conviction on the ground that the victim’s testimony was riddled with inconsistencies.
This memorandum examines the particular problems that women and children confront as vulnerable victims and witnesses in sexual offenses cases in Tanzania.
Appellant appealed his conviction of rape of a 4 year-old girl on the ground that the victim was the sole witness and her young age made her unreliable. The Supreme Court dismissed the appeal, finding that the victim’s consistent testimony of the rape and corroborating evidence from a medical examination was sufficient to uphold the verdict.