Africa

While considering the appeal of a rape conviction, the High Court condemned the trial court’s failure to punish the defendant in accordance with the severity of his crime. The Court found that where a trial court finds sufficient evidence of rape, the sentence should be more than a mere “slap on the wrist.”  The court stated that “rape is always serious even without aggravating circumstances” because the victim’s “virginity has been assaulted and undoubtedly her dignity and reputation have been compromised blighting her prospects for marriage” (p. 1).

The defendant was convicted for sexual assault and attempted rape of his 16-year-old niece. The appellate court upheld the conviction, but overturned the sentence imposed by the trial court. The appellate court held that the lower court failed to consider aggravating factors, including the close relationship between the parties.

The complainant alleged that the defendant raped her.  The defendant vehemently denied the allegations and testified that the sex was consensual.  The High Court treated the defendant’s claim of consent as an affirmative defense ruling that he had the burden of proving consent. The Court found that the defense was unable “through cross examination, to show that the sex was consensual” (p. 4). Consequently, the Court convicted the defendant of rape. This was a landmark case because it essentially shifted the burden of proof in rape cases.

The accused was charged on two counts of rape of a 14 year old girl and of an 11 year old girl. The Court noted that in cases where the complainants are young and may be prone to flights of imagination leading to false accusations, the accusations should only be doubted in so far as the child's capacity for recollection and observation seem questionable.  In this case, the children were found to be trustworthy and the accused convicted of both counts. 

The defendant was charged with violating the Sexual Offence Act of 2003 for the attempted rape of a 71-year-old woman. The trial evidence showed that the victim’s daughter intervened and was able to stop the rape after the defendant threw the victim to the ground but before he could commit the actual rape. As such, the defendant maintained at trial that he was innocent because the Sexual Offences Act of 2003 did not criminalize attempted rape. The High Court disagreed with the defendant’s interpretation of the Sexual Offenses Act.

The defendant was convicted of culpable homicide. The trial evidence showed that after spending an evening at a bar, the defendant beat his girlfriend to death. The defendant sought leniency at sentencing, arguing that he was drunk when he committed the offense.  The High Court found that although intoxication somewhat lessens the blameworthiness of a person, the courts should not consider it a mitigating factor.

The accused was convicted of raping an 11 year-old girl. In considering sentencing, the High Court upheld the conviction and, citing South African and English law, noted the presumption that girls under the age of 12 are considered too young to give their consent to intercourse, but in cases involving girls between the ages of 12 and 16 the prosecution must demonstrate that there was non-consent for the accused to be convicted of rape.

Both of the accused were convicted of raping a 25-year-old woman when each took turns helping the other to rape the complainant. Two women who were with her tried to drive off the accused, but they threw rocks at the women and chased them off. The Court noted that the punishment for rape carries a maximum sentence of life imprisonment and a minimum sentence of five years imprisonment when there are no mitigating or aggravating factors.

The defendant was convicted of persistent sexual abuse of a minor child.  The trial evidence showed that the defendant was the victim’s uncle and that he convinced her that, in accordance with tradition and custom, he was supposed to teach her to have sex.  As instructed, the minor allowed the defendant to perform sexual acts on her.  Since the child was below the legal age of consent, the High Court did not consider her level of resistance.

On appeal, the Supreme Court reversed the lower court’s judgment that appellant, Allen Rogers, was guilty of rape. The 11-year-old complainant alleged that the appellant kidnapped her and a boy for two months, raping her daily during this time period. She testified that the appellant threatened to kill her if she talked about the rape. In his defense, the appellant testified that the week before the alleged kidnapping occurred, he knelt down to pray and heard the voice of someone he called Evee.