S v Vries (3) (Appeal Judgment) (SA 6 of 2001) [2001] NASC 6 (7 December 2001)

S v Vries (3) (Appeal Judgment) (SA 6 of 2001) [2001] NASC 6 (7 December 2001)

Although the law requires only the slightest penetration to constitute rape, the evidence in this case, particularly the medical evidence, did not prove penetration beyond reasonable doubt. Therefore, the conviction for attempted rape stands and the appeal is dismissed.

Citation
[2001] NASC 6
Parties
Appellant: The State; Respondent: Godfried Vries
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
7 December 2001
Case Number
SA 6 of 2001
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Attempted Rape, Penetration Requirement, Evidence Assessment
Source Language
English
Criminal Law Rape Attempted Rape Penetration Requirement Evidence Assessment

Case Brief

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Parties

The State

Appellant

Godfried Vries

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 What constitutes penetration for the crime of rape under Namibian law?
  2. 2 Whether the evidence proved penetration beyond reasonable doubt.

Ratio Decidendi

Although the law requires only the slightest penetration to constitute rape, the evidence in this case, particularly the medical evidence, did not prove penetration beyond reasonable doubt. Therefore, the conviction for attempted rape stands and the appeal is dismissed.

Court Disposition

appeal dismissed