Section 74 of the Evidence Act governs “[r]estrictions on evidence at trials for rape.” This section provides that when a man is being prosecuted for rape or attempted rape, the “sexual experience of a complainant with a person other than that defendant” is inadmissible. The exception to this rule is if a judge is satisfied that it would be unfair to the defendant to refuse to allow the evidence.
This case relates to sexual harassment in the workplace. The relevant facts are as follows. The victim was a receptionist at her company, and experienced sexual harassment by her superior, as evidenced by lascivious emails he sent her. She reported the harassment to supervisors, who suggested that they work together to find a solution, which resulted in the employer suggesting that she resign. The victim resigned and the harasser was sanctioned with three days docked pay.
The public defender is appealing a conviction of sexual assault on behalf of his client. The appeal argues that (1) the facts alleged are imprecise and ambiguous (e.g., how is it possible to restrain someone’s arms while touching them at the same time?) and (2) the sexual contact was consensual because there was no evidence of the victim’s fighting back, she didn’t scream for help, had no injuries or physical signs of assault.
The prosecutor is appealing a ruling of not guilty in a sexual abuse case. The not guilty ruling had been based largely on inconsistencies between the initial testimony of the victim and her testimony at trial. This court found that, because the victim was not provided appropriate and comfortable conditions to give oral testimony (she was made to testify in front of a public audience and with the defendant in view), her testimony entailed a re-victimization, which influenced her ability to provide complete and accurate facts.
The public ministry is appealing a previous ruling, which found the defendant not guilty of violating an order or protection that prohibited the defendant from, among other things, nearing or entering the home, place of work or place of study of the complainant. Police found the defendant approximately one or two meters from the complainant’s home, armed with a knife. He had broken down the front door and forcibly entered the home.
F.A.P.A., the defendant, was a 54-year-old unmarried Salvadoran farmer residing in La Reina, El Salvador. At the time of the allegations giving rise to the case, he was receiving treatment for epilepsy. An evening, F.A.P.A. visited his niece. F.A.P.A. and his niece, a minor, were sitting on a couch watching television when his niece’s mother left the room to attend to her other children. During that time, F.A.P.A. engaged in sexual behavior with his niece against her will by touching her genitals and kissing her in the mouth. F.A.P.A.
The Families and Children Act governs the rights of a child, legal capacity and disabilities of children, guardianship and custody of children, status of children, support of children by government, maintenance rights and duties of members of the family as between themselves, maintenance of persons in public institutions, maintenance during divorce, separation or nullity, parentage of children, care and protection of children, foster-care, approved children homes, adoption, and the establishment of the National Committee for Families and Children.
The Family Law Act provides that children of a marriage have the same legal status as children born of a “union other than marriage” which is defined as a relationship that is established when a man and woman who have cohabited continuously for 5 years or more and are not married. This excludes children of single parents, parents who did not live together for 5 years or more, same-sex couples, or persons caring for children via informal childcare arrangements.
The Female Persons of Unsound Mind (Protection) Act (the “Act”) is designed to protect women in institutions from sexual abuse and assault. Notably, the law applies exclusively to women. The Act states that any person responsible for the care of a female patient who penetrates or attempts to penetrate her shall be liable for up to two years in prison, with or without hard labor. Consent is no defense to such an offence.
On 29 July 2009, the applicant was convicted in the Home Circuit Court for rape of a 17-year-old girl. She claimed that he hauled her to the back of an abandoned house while asking her indecent questions and threatening her, and then proceeded to forcibly have sexual intercourse with her. He confirmed that they had had sexual intercourse in the yard of a building, but claimed they were in a long-term relationship. As to prove this, a witness testified that the applicant introduced the complainant to her as his girlfriend. However, her testimony was contradictory and unclear.
