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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents