n South African Journal of Criminal Justice - Evidence : recent cases

Volume 22, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



In the case of 2009 (1) SACR 540 (C), the appellant was convicted of the rape and attempted rape of his stepdaughter. The High Court was highly critical of the role played by both the prosecutor and the Legal Aid defence attorney. The accused pleaded guilty to all the charges against him, on the basis of what was later found to be his incorrect understanding of the term rape. The prosecutor had in his possession a J88 medico-legal form in which the doctor stated plainly that the complainant's hymen was intact, and that she was virginal.

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