10
child at the time. The conduct of the complainant in this case was consistent with
recognised behaviour of victims of sexual abuse. For some time she hid the fact that
she had been sexually abused. In court she was reluctant to give details about the
incident. She resolved not to tell her mother about it even when the mother
confronted her. In the J88 the doctor recorded that the complainant was agitated at
the time of examination. The complainant’s fear must have been compounded by the
fact that the appellant was a close friend of her family and to an extent, a person in
loco parentis over her. In her evidence she repeatedly stated that she was scared of
him. The circumstances in which the complainant found herself were complicated
and must have been overwhelming for a 12 year old. It would be unreasonable to
expect that her fear would dissipate when she was in the presence of her parents.
[25]
A further submission relates to the evidence of the complainant and that of
her mother as to whether the complainant bled as a result of the sexual encounter
and whether she or her mother washed her soiled underwear. It was the
complainant’s evidence that she bled as a result of sexual intercourse with the
appellant. She further testified that she washed her soiled underwear as she used to
wash her underwear at the time. Contrary to her evidence, her mother, during crossexamination, testified that she was the one who used to wash the complainant’s
panties at the time of the incident and she never observed any blood thereon. This
contradiction, it was submitted on behalf of the appellant, was material and was an
indication that the complainant’s evidence that she was raped by the appellant was
untrustworthy. But again, the issue whether the complainant bled is really relevant in
relation to whether she was penetrated. As I have stated, proof beyond reasonable
doubt of penetration is found in the medical evidence tendered. The complainant
was 12 years old when she was penetrated. The probabilities favour her evidence
that she bled on being penetrated. As to the discrepancy between her evidence and
that of her mother on this aspect her evidence would be more reliable than her
mothers. The magistrate remarked that the mother came across as ‘a very
unsophisticated person who did not appear to have a good memory’. He remarked
that her powers of recollection were at times poor, but she readily conceded
forgetfulness.
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