Criminal Code C-46 provides mechanisms which make is easier for vulnerable persons such as female complainants to give testimony during criminal proceedings. The measures include: ability to give testimony outside the courtroom via closed circuit television or behind a screen; allowing a support person to be present during testimony; requiring some or all members of the public to leave the court room during criminal proceedings; where an accused is self-representing, appointing a lawyer to conduct cross examination; and publication ban to prevent information being released which could identify the victim or witness.
Women and Justice: Keywords
Legislation
Criminal Code (R.S.C., 1985, c. C-46), Sections 486 and 714 (Vulnerable Witnesses) (1985)
Domestic Case Law
Zimele Samson Magagula v. Rex Supreme Court of Swaziland (2012)
Appellant appealed his conviction of rape of a 4 year-old girl on the ground that the victim was the sole witness and her young age made her unreliable. The Supreme Court dismissed the appeal, finding that the victim’s consistent testimony of the rape and corroborating evidence from a medical examination was sufficient to uphold the verdict.
People of the Philippines v. Bernabe Pareja Y Cruz Supreme Court of Philippines (2014)
The appellant was convicted of two counts of statutory rape. The appellant sought to overturn the conviction on the ground that the victim’s testimony was riddled with inconsistencies. The Supreme Court set forth the recognized rule that the “assessment of the credibility of witnesses is a domain best left to the trial court judge… and when his findings have been affirmed by the Court of Appeals, these are generally binding and conclusive upon this Court.” While there are recognized exceptions to this rule, the Supreme Court found no substantial reason to overturn the identical conclusions of the trial and appellate courts on the witnesses’ credibility and affirmed.
People of the Philippines v. Antonio Mendoza Y Butones Supreme Court of Philippines (2005)
The appellant was convicted of rape of his daughter. The Supreme Court affirmed the conviction, noting that the appellant failed to proffer a credible defense, instead merely denying the accusations. To the contrary, there is a recognized presumption of credibility when a daughter accuses her father. The conviction was upheld.
Memoranda
Problems Women and Child Victims and Witnesses Encounter in Sexual Offenses Cases in Tanzania (2012)
This memorandum examines the particular problems that women and children confront as vulnerable victims and witnesses in sexual offenses cases in Tanzania.