attempted rape

The appellant was charged in the Subordinate Court of attempted rape contrary to Section 137 of the Penal Code, Chapter 87 of the Laws of Zambia. The statement of offence read defilement, contrary to Section 138 of the Penal Code. The appellant was convicted of indecent assault, a minor offence per Section 181(2) of the Criminal Procedure Code. The appellant appealed on two grounds. First, the statement of offence was defective, as (i) it did not specify the offence by section and subsection of the provision of the law contravened, and (ii) it was amended late which was unjust.

The trial court convicted the appellant of murdering her brother-in-law, which the High Court confirmed. On appeal, the Supreme Court found that the trial court based its conviction solely on the appellant's confession to killing the deceased with a katari (type of dagger). However, the appellant also stated that the deceased had attacked and attempted to rape her before she grabbed the katari and used it in self-defense.

The accused was convicted of attempted rape and sentenced to five years imprisonment with hard labor for accosting the complainant and assaulting her with the intent to have intercourse with her before he was prevented from doing so by the arrival of the witness.

The defendant was convicted for sexual assault and attempted rape of his 16-year-old niece. The appellate court upheld the conviction, but overturned the sentence imposed by the trial court. The appellate court held that the lower court failed to consider aggravating factors, including the close relationship between the parties.

The defendant was accused of attempting to rape a girl in a city park in a crowded place, using violence, namely, strangling the victim with his hands and a belt to subdue her. The accused did not complete his criminal intent because an unknown boy and girl appeared nearby and frightened the rapist. As a result, the defendant hastily fled, leaving the victim lying on the ground.