Wrongly Convicted Database Record

 

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South African man Man

 

Charge:

Rape

Sentence:

Life Imprisonment

Years Imprisoned:

1

Year Crime:

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:

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."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

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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