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South Africa decisions
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Mapipa v S (CA225/2016) [2016] ZAECGHC 112 (28 October 2016)
The High Court dismissed an appeal against life imprisonment for rape of a mentally disabled woman, finding no substantial and compelling circumstances.
Van Der Bank v S (A498/2008) [2014] ZAGPPHC 1017 (19 December 2014)
The court held that the appointment of an intermediary for the complainant, who was over 18 but had a mental age of approximately eight years, was justified to protect her from undue mental stress. The interpretation of section 170A(1) must be generous and consistent with constitutional values and international law, prioritizing the rights of vulnerable witnesses. Expert evidence established that the complainant was mentally disabled and incapable of giving informed consent, and the appellant was aware of her condition. The trial court's acceptance of the complainant's evidence was reasonable…
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