R v S E (CR 30/2016) [2017] SCSC 413 (17 May 2017)

R v S E (CR 30/2016) [2017] SCSC 413 (17 May 2017)

The prosecution failed to prove beyond reasonable doubt that the complainant did not consent to sexual intercourse, as her evidence was inconsistent and did not establish incapacity to consent due to intoxication or misrepresentation as to identity. The accused's account was consistent and credible, and the evidence supported a finding of consensual intercourse.

Citation
[2017] SCSC 413
Parties
Prosecution: The Republic; Accused: S E
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 May 2017
Case Number
CR 30/2016
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Sexual Assault, Consent, Intoxication and Capacity, Credibility of Witnesses
Source Language
English
Criminal Law Sexual Assault Consent Intoxication and Capacity Credibility of Witnesses

Case Brief

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Parties

The Republic

Prosecution

S E

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the complainant consented to sexual intercourse with the accused
  2. 2 Effect of intoxication on capacity to consent
  3. 3 Impact of mistaken identity on consent

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the complainant did not consent to sexual intercourse, as her evidence was inconsistent and did not establish incapacity to consent due to intoxication or misrepresentation as to identity. The accused's account was consistent and credible, and the evidence supported a finding of consensual intercourse.

Court Disposition

acquittal