R v DL (CR 24/2020) [2020] SCSC 611 (21 September 2020)

R v DL (CR 24/2020) [2020] SCSC 611 (21 September 2020)

The prosecution proved beyond reasonable doubt that the accused intentionally penetrated the complainant without her consent. The complainant's evidence was credible, corroborated by physical evidence and the accused's inconsistent statements. Consent requires affirmative demonstration, which was absent.

Citation
[2020] SCSC 611
Parties
Prosecution: Republic; Accused: DL
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 September 2020
Case Number
CR 24/2020
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Sexual Assault, Consent, Credibility of Witness
Source Language
English
Criminal Law Sexual Assault Consent Credibility of Witness

Case Brief

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Parties

Republic

Prosecution

DL

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused intentionally penetrated the complainant without her consent
  2. 2 Whether the complainant consented to the sexual intercourse

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused intentionally penetrated the complainant without her consent. The complainant's evidence was credible, corroborated by physical evidence and the accused's inconsistent statements. Consent requires affirmative demonstration, which was absent.

Court Disposition

conviction

Orders

  • The accused is convicted of the offence of sexual assault as charged.