Corroboration and rape trials in Zimbabwe

Corroboration and rape trials in Zimbabwe by Alice Armstrong Download PDF EPUB FB2

Rape-and-corroboration-archive Location Everywhere feminism rears its ugly head Rights Donated to the public domain by the notorious Alexander Baron (born ). Scanner Internet Archive HTML5 Uploader Sound sound Year New York has long had a statutory corroboration rule to protect defendants in rape trials.

Until recently, it provided that "[n]o con-viction can be had for rape or defilement upon the testimony of the female defiled, unsupported by other evidence." "9 In the state's.

The Requirement of Corroboration in Prosecutions for Sex Offenses in New York. Cover Page Footnote. Judge of the Civil Court of the City of New York. Judge Younger received his A.B. from Harvard College and his LL.B. from New York University where he was the Editor-in-Chief of the Law Review.

In Chingurume HH the court pointed out that there is a need to exercise extreme caution when one has to rely on the evidence of a single witness in order to guard against possible deception in the whole process.

The right to convict on the evidence of a single credible witness, stated without qualifying words in s of CPEA, should not be regarded as putting the evidence of one.

The corroboration of #MeToo must now be brought into rape trials. Like countless women and girls disclosing sexual assault, Farrow found no redress in the law. She came up against the usual impediments to Allen being convicted: there were no witnesses; it.

Corroboration is biblical in origin, its roots being found in references in both Old and New Testaments [ii] to a fact needing to be established by two or more witnesses.

The purpose of the requirement is to protect an accused from being convicted on the basis of a. Corroboration of rape may be defined as evidence which adds greater credence to the victim's own testimony regarding the criminal act.

Although the statutory language varies from state to state, the crime of forcible rape is generally defined as the sexual penetration by a male of a female, not his wife, without her consent. See, e.g., MODEL.

rape and defilement suffer from severe forms of physical, mental, emotional and spiritual trauma. Trials are especially traumatising and many victims report that the day they testified in court was the worst day of their lives. The victims are not only traumatised by the actual crime, but also by the negative attitude of their communities.

Post-Corroboration Safeguards Review: Report of the Academic Expert Group 6 Criminal Justice. At the time, there was particular concern in England and Wales about convictions on the basis of uncorroborated confession evidence, and the studies were concerned in particular with prosecutions founded on a confession by the Size: KB.

Second, the corroboration requirement in rape law meant that a man could not be convicted of rape unless the complainant had corroborative evidence of the assault, such 4 Rape is a crime unique in its gender correlation.

Rapists are overwhelmingly male and rape victims are overwhelmingly female. Ninety -nine out of convicted rapists are male. The GCN says 10 girls report rape every day in Zimbabwe and a further 10 victims probably remain silent.

The youngest known victim was a baby of one day; the oldest was a. Rape Crisis Scotland is a charitable company limited by guarantee. Registered in Scotland No at 3rd floor, Abbey House, 10 Bothwell Street, Glasgow G2 6LU.

Recognised by the Inland Revenue as a Scottish Charity No SC Corroboration in Criminal Cases What is Corroboration.

The word “Corroboration” means “support” or “confirmation.” In the specific context of the law of evidence it relates to any rule of law or practice requiring evidence to be supported by other independent evidence, in order to be sufficient to sustain a conviction (or any other given result).

THE LAW COMMISSION WORKING PAPER NO. CORROBORATION OF EVIDENCE IN CRIMINAL TRIALS TABLE OF CONTENTS Paragraphs PART I - INTRODUCTION PART I1 - AN OUTLINE OF THE PRESENT LAW A. The cases to which the corroboration rules apply 1. Introduction 2. Cases governed by statuteFile Size: 8MB.

The Corroboration Debate. From a legal perspective, Kevin Kane examines the current debate on the removal of the requirement for corroboration in Scots criminal law. Introduction. A lot of attention in the media of late has centred on the contentious topic of corroboration in criminal trials - the trench warfare alive and well for all to see.

Get an answer for 'Besides corroboration and shield laws, what other measure would you take to protect victims of rape when they are forced to testify in court. ' and find homework help for other.

The Learned Counsel concedes at paragraph ,5, of their Brief, that it is an established practice in criminal law, that though corroboration of the e vidence of the victim in a rape case, is not essential in law, that it is in practice, always looked for and that it is also the practice for the jury or the Judge, to warn himself against the.

Corroboration abolition removed from Bill 21/04/15 Corroboration abolition removed from Bill. The Scottish Government will not proceed with the proposal to end the requirement for corroboration in criminal trials in Scotland during the current Parliament.

For instance, “rape shield” laws now restrict the admissibility of evidence about a victim's sexual history, and most jurisdictions have eliminated the “prompt reporting” requirement, the corroboration requirement, and the reciting of the traditional “cautionary rule” (that rape is.

"The corroboration requirement in sex crimes is analogous to the government having the burden of refuting an implied charge of recent fabrication." Fitzgerald v.

United States, A.2d(D.C. The District of Columbia statutes that the corroboration requirement pertained to included: rape, D.C CODE ANN. Kenya throws out corroboration in rape cases. By Vision Reporter Added 17th September AM In the month of Maythere was an outcry over a decision of Etyang J where a man accused of.

difficult to refute.” Wigmore followed suite in in his book “Anglo American Systems of Evidence in trials at common law” where he stated that since women were naturally prone to lie and to fantasise about sexual matters they were equally prone to contrive false charges of sexual Size: 93KB.

CONCORD, N.H. (AP) — New Hampshire lawmakers are considering a sexual assault bill that police and prosecutors warn would protect pedophiles and sexual predators but proponents say would prevent wrongful convictions. The bill up for a hearing Tuesday would require victims of sexual assault to corroborate their testimony if the defendant has no prior related conviction.

Existing law in. CORROBORATION could be ditched by Scottish courts as part of a bid to secure more convictions for rape, the country’s top prosecutor has revealed. The Lord Advocate, James Wolffe, said the legal Author: Fraser Clarke. Confronting Rape on Zimbabwe's Border Vijai Singh • March 7, As women flee from Zimbabwe, waiting for some are gumagumas, men who offer themselves as guides but are actually rapists.

This chapter considers the unusual requirement of corroboration in relation to rape allegations in Scotland and the possibility for reform. General Corroboration. At a primitive level, the law of corroboration in Scots law stipulates that an accused cannot be convicted on the basis of evidence from a single source, no matter how compelling; as.

The Adult Rape Clinic (ARC), was established with support from the Ministry of Health and Child Care & Parirenyatwa Hospital as a response to the dire lack of appropriate facilities for a holistic and sensitive response for rape survivors in government hospitals in Zimbabwe.

Purver, Young, Davis and Kerper The Trial Lawyer's Book Preparing and Winning Cases (Lawyers Cooperative Publishing, New York, ) Feltoe A Guide to Zimbabwean Criminal Law Feltoe Commentary on Criminal Law (Codification and Reform) Act Feltoe A Guide to Sentencing in Zimbabwe Hoffmann and Zeffertt The South African Law of Evidence (4 ed)File Size: KB.

Nwadialo F. defined it in his book “Modern Nigerian law Evidence” as “a confirmation of a witness’s evidence by independent testimony”. Also, the supreme court has defined it in special case of corroboration evidence of an accomplice as “evidence which shows or tends to show that the story of the accomplice that the accused committed the crime is true, not merely that the crime has.

Corroboration law change ‘will protect children and the elderly’ “Cases of rape, domestic violence, child sex abuse, neglect or abuse of elderly people rarely.

Second Degree includes intentional touching of the victims or actor’s personal parts or the intentional touching of the clothing covering the immediate area of the victim’s intimate parts (genital area, groin, inner thigh, buttock, or breast) for purposes of sexual arousal or gratification.

One of the required circumstances of first degree must be existent also. TWO of Scotland's most eminent experts on the issue of rape have warned that ministerial plans to abolish corroboration will not help improve the conviction rate.

Their warnings come a day after. "unlawful intercourse" means rape, incest or unlawful intercourse in contravention of paragraph (d) of section 3 of the Criminal Law Amendment Act. (2) Any reference in this Act to the termination of a pregnancy shall be construed as meaning the termination of a pregnancy otherwise than with the intention of delivering a live child.

handicapped persons outside Zimbabwe (1) Any person who is a citizen of Zimbabwe or ordinarily resident therein and who does anything outside Zimbabwe to, with or against a young person or intellectually handicapped person which, if it were done in Zimbabwe, would constitute— (a) rape, incest, sodomy or indecent assault; orFile Size: 99KB.

where corroboration will or must be required among others. OBJECTIVES OF STUDY The main objective of this essay is to critically analysis corroboration under the Nigerian law of evidence in order to shed light on the concept of corroboration under the our legal system.

Corroboration and Rape Trials in Zimbabwe A. Armstrong 53 Women under Zimbabwean-La-w* ^ § F The Jurisprudence of ^imitation j The decision of the Zimbabwean Supreme Court in the ease of Book v Davidson1 (hereinafter referred to as the Book ease) like the notorious Scottish.

and Rape Laws: Sexism in Society and Law, 61 CALIF. REV.() [hereinafter cited as Rape & Rape Laws]. For a discussion of the rape corroboration requirement as it stood in see Note, The Rape Corroboration Requirement: Repeal Not Reform, 81 YALE L.J.& nn The requirement of corroboration is a legislative feature that is unique to, and a key element of Scots Criminal Law and also generally applied to procedures employed in various facets of Scots Law.

The requirement for corroborating evidence necessitates a minimum of two differing and independent sources of evidence to support each central fact in a case before a defendant can held to be.

Approach of courts. In rape and other cases of a sexual nature, such as aggravated indecent assault, indecent assault and sexual relations with a person under the age of 16, the courts used to adopt the approach that because of the danger of false incrimination in such cases, a cautionary rule applies.

[19] The child rape in particular is fundamentally suspect as stated above, under South African Law there is no statutory requirement demanding corroboration of a child’s evidence but in practice a child’s evidence must be treated with caution. In R v S (4) SA (G)Bok J said. Prosecutors Handbook.

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We haven't found any reviews in the usual places. relevant remand request sentence subpoena subsection summons terms of section theft trial unless usually warned and.ABOUT. Politically-motivated sexual violence against women is prevalent under Zimbabwe’s current oppressive regime. Used as a tool to silence and intimidate dissenting voices and repress political opposition, women are frequent victims of brutality at the hands of police and other security forces, subjected to torture, beatings, rape, disappearances, and displacement.The Zimbabwe Republic Police's (ZRP) law enforcement capabilities have deteriorated in recent years.

Due to Zimbabwe's economic struggles, the police lack sufficient funding to maintain and operate equipment and/or train and equip personnel. It is hard for the police to respond to emergencies. In the case of criminal activity, the police usually need to be provided transportation to perform.