19911016 TZHC Tabora
The complainant's voluntary consent to sexual intercourse, even if based on a mistaken belief that it was a medical examination, negates the offence of rape.
- Citation
- 19911016 TZHC Tabora
- Parties
- Appellant: Appellant; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 October 1991
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- conviction quashed, sentence set aside
- Legal Topics
- Rape, Consent, Adultery
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Appellant
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the complainant consented to sexual intercourse
- 2 Whether the conviction for rape was proper
Ratio Decidendi
The complainant's voluntary consent to sexual intercourse, even if based on a mistaken belief that it was a medical examination, negates the offence of rape.
Court Disposition
conviction quashed, sentence set aside
Orders
- Appellant to be released forthwith unless lawfully held for another cause
Full Case Text
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