State v. Musa Keita, Criminal Case No. HC/117/15/CR/031/AO, High Court of The Gambia, Banjul (2016)

In State v. Musa Keita, the defendant was charged with rape and incest involving a young female relative under the then-applied Section 122 of the Criminal Code, Cap. 10:01. The High Court of The Gambia evaluated the victim’s testimony, and that of other witnesses, as well as the medical and documentary evidence, against the requirement that the prosecution prove each element of the offenses beyond reasonable doubt. The Court concluded that inconsistencies and gaps in the evidence, as well as insufficient corroboration, failed to establish guilt beyond a reasonable doubt, and therefore acquitted and discharged the defendant. This case highlights the stringent evidentiary approach applied in Gambian sexual abuse cases, and exemplifies the difficulties that some victims face in securing guilty verdicts where corroboration is weak or investigations are incomplete, even when serious abuse is alleged.

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  • 2016

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