Wrongly Convicted Database Record

 

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David Vere

 

Charge:

Rape

Sentence:

Years Imprisoned:

Year Crime:

2001

Year Convicted:

2006

Year Cleared:

2006

U.S. State or Country of Crime:

Vanuatu

County or Region of Crime:

City of Crime:

Luganville

Result:

Judicially Exonerated

Summary of Case:

"David Vere was wrongly convicted in 2005 of raping a woman once each year from 1998 to 2001 by having anal intercourse with her without her consent. Vere and the woman later married. The woman made the complaint on August 19, 2005. On March 17, 2006 she informed the Santo Court staff that her allegations were not true and she had been manipulated by her father into making the false complaint. During his trial Vere testified that he had consensual anal sex with the woman (his future wife) on two occasions in 1998. Based on the evidence presented during Vere's two day trial the judge found him guilty of having anal sex with the woman on two occasions in 1998, and that she consented under pressure from Vere. Vere appealed. On October 6, 2006 the Court of Appeal of Vanuatu quashed Vere's conviction on the basis that at the time of the alleged admitted anal sex, rape in Vanuatu was considered to be "sexual intercourse" by "vaginal penetration by a penis." Vere's acts of anal sex in 1998 were not criminal under Vanuatu's laws. Anal sex was not criminalized in Vanuatu until 2003 when Penal Code (Amendment) Act 17 was enacted."

Conviction Caused By:

Innocence Proved By:

"On October 6, 2006 the Court of Appeal of Vanuatu quashed Vere's conviction on the basis that at the time of the alleged admitted anal sex, rape in Vanuatu was considered to be "sexual intercourse" by "vaginal penetration by a penis." Vere's acts of anal sex in 1998 were not criminal under Vanuatu's laws. Anal sex was not criminalized in Vanuatu until 2003 when Penal Code (Amendment) Act 17 was enacted."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Vere v Public Prosecutor [2006] VUCA 15; Criminal Appeal Case 01 of 2006 (Court of Appeal of Vanuatu, October 6, 2006) (Quashing conviction based on Vere being convicted of nonconsensual anal sex committed in 1998, when it was not a crime in Vanuatu until 2003.)"

Information Location 1:

http://www.paclii.org/vu/cases/VUCA/2006/15.html

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

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