Zephirine s/o Kipande v. R. Crim. App. 109-M-68, 22/5/68, Seaton J.

Zephirine s/o Kipande v. R. Crim. App. 109-M-68, 22/5/68, Seaton J.

Accused was convicted of indecent assault, though the evidence indicated the “….. the complainant neither struggled nor raised an alarm when the (accused) dragged her to his house ( and that ) complainant had ample opportunity to escape….”

            Held: There is a strong inference from the evidence that complainant consented to the acts of accused. “As the complainant was a mature woman, consent was material and the onus was on the prosecution to prove that she was not a willing party to the appellant’s acts. This onus the prosecution cannot be said to have discharged in this case.” Conviction quashed.