State v. Andre Van Roy, Criminal Case No. HC/165/11/CR/052/AO, High Court of The Gambia, Banjul (2011)

The defendant was charged with six counts of rape, defilement, seduction, and indecent acts by a tourist against two underage girls. The High Court admitted detailed testimony from the victims and their relatives, medical evidence showing injuries related to sexual abuse, documentary evidence of the victims age, and explored the requirement of corroboration in cases involving sexual abuse. The High Court held that the prosecution had proven beyond a reasonable doubt that the defendant had engaged in non-consensual intercourse with minors with the victims’ accounts being sufficiently supported by medical and circumstantial evidence. The Court convicted the defendant on all six counts, imposed substantial custodial sentences, and ordered compensation to the victims. This was a significant Gambian case on child sexual exploitation, and the decision reflects the vital role that corroborative and medical evidence play in securing guilty verdicts for defilement as well as other related sexual offenses. 

Topics

• Gender-based violence in general
• Sexual violence and rape
• Statutory rape or defilement

Geographical location

• Africa
• Gambia

Keywords

• access to justice
• Children's rights
• compensation
• corroboration
• criminal law and procedure
• duty to protect
• remedies
• state responsibility
• victim rights

Year

• 2011

External URL

• State v. Andre Van Roy, Criminal Case No. HC/165/11/CR/052/AO, High Court of The Gambia, Banjul (2011)

Court

• High Court of The Gambia

Type

• Domestic Case Law

Jurisdiction

• Gambia