The corroboration requirement in sexual offences : a discriminatory and unconstitutional evidential rule in the Malawian law

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dc.contributor.advisorSmythe, Deeen_ZA
dc.contributor.authorNdovi, Vikochi Janeen_ZA
dc.date.accessioned2015-04-02T14:17:22Z
dc.date.available2015-04-02T14:17:22Z
dc.date.issued2012en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractThe problem with the corroboration requirement in sexual offences is that it is based on an improper foundation. The proffered rationale, that most complainants lie about sexual offence allegations, cannot be verified from empirical data. Regardless of this fact, due to the rule’s existence, the standard of proof in sexual offence cases is unnecessarily raised above that which normally obtains in other criminal cases, causing convictions in sexual offences very hard to come by. The rule is found to be only premised on discrimination against women. Such being the case, the rule runs counter to the current Constitutional order which is founded on principles of equality before the law, non-discrimination and the dignity of all persons. It is also against the Constitutional commitment of offering women full and effective protection. This paper advocates that such an evidential rule is undesirable for it serves no useful purpose in the adjudication of sexual matters and that the rule is unfairly discriminatory against women and unconstitutional in the present Malawi constitutional regime. It further advocates that the rule should be abolished both by judicial pronouncement and legislatively. Since the corroboration requirement is a common law rule, lessons will be drawn from comparative common law jurisdictions which used to have the rule but have now abolished it, such as South Africa, Namibia, the State of California, Canada and England.en_ZA
dc.identifier.apacitationNdovi, V. J. (2012). <i>The corroboration requirement in sexual offences : a discriminatory and unconstitutional evidential rule in the Malawian law</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/12666en_ZA
dc.identifier.chicagocitationNdovi, Vikochi Jane. <i>"The corroboration requirement in sexual offences : a discriminatory and unconstitutional evidential rule in the Malawian law."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2012. http://hdl.handle.net/11427/12666en_ZA
dc.identifier.citationNdovi, V. 2012. The corroboration requirement in sexual offences : a discriminatory and unconstitutional evidential rule in the Malawian law. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Ndovi, Vikochi Jane AB - The problem with the corroboration requirement in sexual offences is that it is based on an improper foundation. The proffered rationale, that most complainants lie about sexual offence allegations, cannot be verified from empirical data. Regardless of this fact, due to the rule’s existence, the standard of proof in sexual offence cases is unnecessarily raised above that which normally obtains in other criminal cases, causing convictions in sexual offences very hard to come by. The rule is found to be only premised on discrimination against women. Such being the case, the rule runs counter to the current Constitutional order which is founded on principles of equality before the law, non-discrimination and the dignity of all persons. It is also against the Constitutional commitment of offering women full and effective protection. This paper advocates that such an evidential rule is undesirable for it serves no useful purpose in the adjudication of sexual matters and that the rule is unfairly discriminatory against women and unconstitutional in the present Malawi constitutional regime. It further advocates that the rule should be abolished both by judicial pronouncement and legislatively. Since the corroboration requirement is a common law rule, lessons will be drawn from comparative common law jurisdictions which used to have the rule but have now abolished it, such as South Africa, Namibia, the State of California, Canada and England. DA - 2012 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2012 T1 - The corroboration requirement in sexual offences : a discriminatory and unconstitutional evidential rule in the Malawian law TI - The corroboration requirement in sexual offences : a discriminatory and unconstitutional evidential rule in the Malawian law UR - http://hdl.handle.net/11427/12666 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/12666
dc.identifier.vancouvercitationNdovi VJ. The corroboration requirement in sexual offences : a discriminatory and unconstitutional evidential rule in the Malawian law. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2012 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/12666en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCriminal Justiceen_ZA
dc.titleThe corroboration requirement in sexual offences : a discriminatory and unconstitutional evidential rule in the Malawian lawen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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