2. The accused admits to the act and does not deny it and that the act was in consent of both
parties
3. There is no other evidence (except the admittance of both accused and victim)
4. Sentencing the accused under article (45) B was based on his (admittance) which he
restated numerously in the investigation stage all the way to the trial and the hearing and
did not change or alter his statement throughout all stages
5. It is a well-known jurisprudence fact that the phrase (Rape under article (149) of the
criminal law for the year 1991, and the phrase (Rape) stated under the child law for the
year 2010 was not defined by the judge from either law which is according to the
interpretation of the judiciary does not mean (the crime is committed) and it is rather an
expression of (the behaviour and manner in which the accused has committed his crime
with force and without the consent of the victim and rapped him or her without his or her
consent and forced his or her into the act) with behaviour (physically or morally (which
the common definition among the judiciary.
As an example, see:
(Precedent: Trail of Haithem Adam Abdullah Adam: M.A/T, J, /203/2014 Department of
the Red Sea and Kassalah
The phrase rape means:
The way a crime has been committed which constitutes any act carried out in physical or
moral violence and constitutes an entirely separate crime penalized in the case that the
crimes or crime has been committed in the manner that the accused has intended.
6. The court considered accusation exhibit number (2) age determination certificate and that
she was born in 20 April 2003 and therefore she is a child according to the definition of
article (4) of the child law and did not pass the age of 18 and therefore, the consent of the
victim, as she consented is not accepted and as a consequence indicted the accused under
article (45) paragraph (B) of the child law for the year 2010 penalized under article 86
(W) of the same law and the accused admits to sexual intercourse with the minor child
and does not deny that for he has according to his testimony (adulterated) and it is worth
noting here that exhibit (2) is a birth certificate and the court verified it from the
(original) because the copy presented was not clear and it is also worth noting that the
accused did not object to the content of this document nor to the age determination of the
victim (Prosecuting evidence 2) which is a (Birth) certificate and the general appearance
testifies that it is an official document issued by and from the Official Civil registrar’s
records.
In my review of the document in front of me, it is clear that:
A) It is a photocopy and not very clear (because of the photocopier)
B) The original birth certificate was not presented, and it was easy to request a copy
from the civil registrar’s office to make sure as to its validity and to ask for an
original copy from the administration
C) The letter presented by the applicant enclosed with (the application document) which
is a letter issued by the Ministry Health under the number: W.B.H/W.S/44/A/A.W