Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
1 |
Year Crime: |
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Year Convicted: |
2016 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
South Africa |
County or Region of Crime: |
KwaZulu-Natal |
City of Crime: |
Durban |
Result: |
Judicially Exonerated |
Summary of Case: |
"The man was wrongly convicted of raping an 40-year-old allegedly mentally retarded woman The man denied the accusation. After his conviction he was sentenced to life in prison. He appealed. On May 16, 2017 the KwaZulu-Natal High Court set-aside the rape conviction on the basis the prosecution's evidence didn't prove his guilt beyond a reasonable doubt. The appeals court noted that while there was evidence any sexual intercourse had occurred, that if it did occur -- there was no evidence it would have been without the woman's consent. The Court also noted that the prosecution introduced no evidence during the man's trial that the woman was mentally retarded, and didn't make the allegation until his sentencing hearing because the law requires the minimum sentence of life in prison for the rape of a mentally ill person." |
Conviction Caused By: |
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Innocence Proved By: |
"On May 16, 2017 the KwaZulu-Natal High Court set-aside the rape conviction on the basis the prosecution's evidence didn't present evidence proving beyond a reasonable doubt that a rape had even occurred, much less that the man committed it." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"Doubt of guilt sees convictions for rape set aside, By Ingrid Oellermann (Staff), The Witness (Durban, South Africa), May 17, 2017" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org