Republic v SJ (CR 38/2018) [2020] SCSC 647 (29 October 2020)

Republic v SJ (CR 38/2018) [2020] SCSC 647 (29 October 2020)

The prosecution proved beyond reasonable doubt that the accused intentionally penetrated the complainant's vagina with his fingers and anus with his penis for a sexual purpose, and the complainant, being 14 years old, could not legally consent. The complainant's testimony was credible and corroborated by circumstantial evidence and recent complaint. Absence of injuries did not create reasonable doubt.

Citation
[2020] SCSC 647
Parties
Prosecution: Republic; Accused: SJ
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 October 2020
Case Number
CR 38/2018
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
Conviction
Legal Topics
Sexual Assault, Penal Code Section 130, Burden of Proof, Corroboration in Sexual Offences
Source Language
English
Criminal Law Sexual Assault Penal Code Section 130 Burden of Proof Corroboration in Sexual Offences

Case Brief

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Parties

Republic

Prosecution

SJ

Accused

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused committed sexual assault as defined under section 130(1), (2)(d), and (3)(b) of the Penal Code
  2. 2 Whether the prosecution proved the charge beyond reasonable doubt
  3. 3 Whether corroboration warning is necessary in sexual offence cases

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused intentionally penetrated the complainant's vagina with his fingers and anus with his penis for a sexual purpose, and the complainant, being 14 years old, could not legally consent. The complainant's testimony was credible and corroborated by circumstantial evidence and recent complaint. Absence of injuries did not create reasonable doubt.

Court Disposition

Conviction

Orders

  • The accused is convicted as charged of sexual assault.