Wrongly Convicted Database Record

 

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Sixty year old South African man

 

Charge:

Child/Minor Sexual Assault

Sentence:

15 years

Years Imprisoned:

1

Year Crime:

2008

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:

Maphumulo

Result:

Judicially Exonerated

Summary of Case:

"A man was wrongly convicted of raping an orphan who was 10 when she went to live with the man and his wife in 2006 after her step-father died. At the time the man was 49. His prosecution was based on the girl's accusation that on various occasions from 2006 to 2008 he would rape her at night. He denied the accusation, so the case was "She said, He said." After his conviction he was sentenced to 15 years in prison. The man appealed. On May 16, 2017 the KwaZulu-Natal High Court set-aside his conviction on the basis the prosecution failed to prove his guilt beyond a reasonable doubt. The appeals court cited the evidence that the girl was admittedly sexually active and that she was known to have HIV -- while the man had tested negative for HIV."

Conviction Caused By:

Innocence Proved By:

"On May 16, 2017 the KwaZulu-Natal High Court set-aside the rape conviction of the 60-year-old man on the basis the prosecution's evidence didn't prove his guilt beyond a reasonable doubt."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

59

Age When Released:

60

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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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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