20010921 TZHC Moshi
The appellant's admission of non-consensual sexual intercourse, corroborated by medical and witness evidence, established rape beyond reasonable doubt. Customary marriage cannot be contracted without the free and full consent of the woman, and the defence of Chagga customary marriage is invalid in law and fact.
- Citation
- 20010921 TZHC Moshi
- Parties
- Appellant: Leonard Jonathan; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 September 2001
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Customary Marriage, Consent, Sexual Offences, Women's Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Leonard Jonathan
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant raped the complainant or married her under Chagga customary law
- 2 Whether the conviction was supported by evidence beyond reasonable doubt
Ratio Decidendi
The appellant's admission of non-consensual sexual intercourse, corroborated by medical and witness evidence, established rape beyond reasonable doubt. Customary marriage cannot be contracted without the free and full consent of the woman, and the defence of Chagga customary marriage is invalid in law and fact.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence of 30 years imprisonment plus ten strokes of the cane upheld
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