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Case Details
Court
Masvingo High Court
Date
26 March 2018
Citation
HMA 25/18
Neutral Citation
[2018] ZWHMA 25
Outcome
unknown
Case Type
Review
Bench
Presiding
Mafusire J
Full Bench
Mafusire JTagu J
Areas of Law
Criminal LawSexual Offences
Keywords
rapeconsentextra-marital intercourseyoung personcredibility
Tags
criminal reviewrapestatutory rapeconsentage of consent
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether rape was proved beyond reasonable doubt","issue_type":"mixed","dispositive":"yes","related_facts":"All material facts regarding consent and credibility"}
- {"issue_text":"Whether alternative verdict under s 70(1)(a) was available","issue_type":"law","dispositive":"yes","related_facts":"Age of complainant, evidence of penetration"}
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background
Facts of the Case
Background
The accused, aged 20, was convicted of raping a 15-year-old girl with whom he had a romantic relationship. On review, the High Court found that rape was not proved beyond reasonable doubt but that the accused was guilty of contravening s 70(1)(a) of the Criminal Law Code by having extra-marital sexual intercourse with a young person.
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