Mbedzi v S (CA&R 14/19)
Mbedzi v S (CA&R 14/19) [2019] ZANCHC 59 (29 November 2019)
The court found that the trial court erred in convicting the appellant of rape. The complainant's evidence, while consistent, did not conclusively establish penetration as required for a rape conviction. The medical evidence was inconclusive regarding penetration, noting only redness that could have resulted from trauma or infection. The court emphasized the need for caution when assessing the evidence of young children and single witnesses. The appellant's version was found improbable, but the evidence did not support a finding of rape beyond reasonable doubt. The conviction was substituted…
Source excerpt
- Sexual Offences Act
- Rape Vs Sexual Assault
- Single Witness Rule
- Child Witness Caution
- Credibility Assessment