Question
At the age of 14 the complainant was raped by two young men. At the time of the rape she did not report the matter
At the age of 14 the complainant was raped by two young men. At the time of the rape she did not report the matter to her parents or lay charges, but briefly told a friend about the incident. Nineteen years later she met one of her assailants, which revived memories of her ordeal and prompted her to lay charges against the men who had raped her. Answer the following questions relating to the trial: 1.1 During argument, the defence submits that because the complainant is a single witness, and since the case is of a sexual nature, the court cannot give any value to her evidence. Do you agree? Fully discuss with reference to decided cases and legislation. (12) 1.2 Discuss the competence and compellability of the co-accused as a defence witness and as a prosecution witness. (8) 1.3 Explain, in view of the Constitutional right to silence, whether the two accused can be convicted if they fail to testify. (4) 1.4 Can corroboration play any part in the state's case? Explain with reference to the definition of and requirements for corroboration.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started