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1 edition of Substantial and compelling circumstances in rape cases found in the catalog.

Substantial and compelling circumstances in rape cases

Allison de Smet

Substantial and compelling circumstances in rape cases

by Allison de Smet

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Published by Gender Research & Advocacy Project, Legal Assistance Centre in [Windhoek] .
Written in English


Edition Notes

Includes bibliographical references.

StatementAllison de Smet & Dianne Hubbard
ContributionsHubbard, Dianne, Legal Assistance Centre (Namibia). Gender Research & Advocacy Project
Classifications
LC ClassificationsKSY4202 .S64 2009
The Physical Object
Pagination16 leaves ;
Number of Pages16
ID Numbers
Open LibraryOL24449469M
LC Control Number2009319267

In one study, 13 percent of the surveyed American women of ages 18 and older reported having been the victim of at least one completed rape—rape having been defined as "an event that occurred without the woman's consent, involved the use of force or threat of force, and involved sexual penetration of the victim's vagina, mouth or rectum. In this matter, the court found there were substantial and compelling circumstances to order a reduced sentence. These circumstances include that the family of the complainant (which was also the family of the accused) felt that a longer sentence would prevent the accused from attending school (S v Matsepane, ).Author: Sheena Swemmer.

Redefining Rape. Article in Criminalization should be limited to circumstances in which a defendant exposed her partner to a substantial degree of unassumed risk and did so with a culpable.   ‘Substantial and compelling circumstances’ In a case, State vs Mathule, also in the Bophuthatswana High Court, Mogoeng reduced the sentence of .

[17] Mr Apollus comprehensively summarised the principles applicable to the two counts of rape, and more specifically what the court’s approach should be towards the often difficult concept of ‘substantial and compelling circumstances’ as it developed and crystallised over time in our case law. I would do injustice to counsel to try and.   Review the example with Brandy and Alex in Example of Rape Act. In this example, after an initial protest, Brandy lies down, takes off her pants, and allows Alex to put his penis in her vagina when he pulls out a knife. It is likely that the trier of fact will find the rape attendant circumstance in this case.


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Substantial and compelling circumstances in rape cases by Allison de Smet Download PDF EPUB FB2

They cumulatively constitute substantial and compelling circumstances (Limbare). Commentators have warned about the dangers of misinterpretation of “substantial and compelling circumstances” in rape cases. Namibian courts should similarly avoid relying on discredited stereotypes about rape in the context of sentencing.

circumstances. Substantial and compelling circumstances in rape cases. Substantial and compelling circumstances in murder and robbery cases.

The problem with considering rehabilitation as a substantial and compelling circumstance. Recommendations 8. Conclusions BIBLIOGRAPHY There is nothing in his personal circumstances which constitute substantial and compelling circumstances warranting a deviation from the prescribed minimum sentence of 10 years’ imprisonment in this case.

In Dyakophu [2] it was emphasised that: “. However, unless the regional magistrate was satisfied that substantial and compelling circumstances existed, which justified the imposition of a lesser sentence, he was statutorily obliged to impose the prescribed minimum sentence of imprisonment for life for the appellant’s conviction of rape, which is one contemplated in s 3 of the SO Act and committed in circumstances where the victim was raped.

The judge doubted that these factors “can be said to amount to substantial and compelling circumstances as envisaged by Act of ,” however, the judge felt bound by the decisions of the Supreme Court of Appeal (including Mahomotsa, Abrahams, and Rammoko) in which life sentences for rape were not imposed for the reason, inter alia, that “the complainants were not seriously physically.

[8] The presence of substantial and compelling circumstances is not dependant on counsel's submission that they are there or not. The court has a duty to analyse the submitted circumstances of the appellant, circumstances of the case, surrounding circumstances as well as aggravating factors; and then make a finding if indeed there are no substantial and compelling circumstances.

Summary: Accused convicted of murder, rape, defeating or obstructing the course of justice and assault with intent to do grievous bodily harm – Offences committed in the context of a domestic relationship – Absence of substantial and compelling circumstances – To ameliorate the cumulative effect of the sentence to run concurrently, to the.

[11] The trial court in this instance sentenced the accused to a term of 18 months’ imprisonment without any regard being had to the penalty provision in the Combating of Rape Act, compelling the court to impose a minimum of ten years’ imprisonment if no substantial and compelling circumstances are found to exist.

Accepting that by the epithet 'compelling' he meant 'substantial and compelling' that is a correct identification of the issue. He answered that question as follows: 'As I have stated, in my mind, the court should not impose the prescribed minimum sentence in [this] case, in view of the accused's.

In S v JB (1) NR (SC) Shivute CJ (Strydom AJA and Mtambanengwe AJA concurring), at pagepara 11 & 12, stressed that: ‘It is necessary nevertheless to emphasise that in an attempt to make a value judgment as to whether there are substantial and compelling circumstances present in a given case, a court is required to take.

imprisonment inter alia in cases of rape involving children and are therefore no longer required, after conviction, to refer such a case to the High Court for sentencing purposes.7 Regional courts are thus themselves required to perform the determination of substantial and compelling circumstances and subsequent grading of these offences.

The learned judge said that, having regard thereto i.e. that the complainant was under the age of sixteen and that she was mentally disabled as contemplated in s 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Actthe minimum sentence of life would be applicable unless the court was of the opinion that ‘ substantial and compelling circumstances exist, which justify the.

[33] Injury or no injury, rape strikes at the very core of the victim’s femininity. This is true in all rape cases. This case is no exception to the rule. There is no doubt that this rape case remains a despicable misdeed even though the appellant used minimal violence to achieve his criminal objective.

CHAPTER FIFTEEN SENTENCING OF ADULT SEXUAL OFFENDERS principles within the Act (i.e. substantial and compelling circumstances) has offence was a serious case of rape.

Accordingly, it is quite evident that the term File Size: KB. Many courts interpreted substantial and compelling circumstances in many different, and at times confusing, ways. The Supreme Court of Appeal clarified the meaning of substantial and compelling circumstance in the well-known Malgas case in which it held, inter alia, that courts should not lightly depart from imposing severe sentences, since the.

In this regard, because the victim was 7 years old at the time of the rape, I am compelled to impose a life sentence on the Accused unless I find substantial and compelling circumstances which justify the imposition of a lesser sentence. That it has refrained from giving such guidance as was done in Minnesota from whence the concept of “substantial and compelling circumstances” was derived is significant.

It signals that it has deliberately and advisedly left it to the courts to decide in the final analysis whether the circumstances of any particular case call for a departure from the prescribed sentence.

Psychologic symptoms of rape are potentially the most prominent. In the short term, most patients experience fear, nightmares, sleep problems, anger, embarrassment, shame, guilt, or a combination.

Immediately after an assault, patient behavior can range from talkativeness, tenseness, crying, and trembling to shock and disbelief with dispassion.

minimum sentencing guidelines for rape has been offered along with a prohibition for reasons justifying a lesser sentence. Section 3(Aa) states that when imposing a sentence in respect of the offence of rape, the following shall not constitute substantial and compelling circumstances.

Far too many so-called date rape cases collapse at the last moment because the alleged victim has not been entirely candid about the true nature of the circumstances. Rape is a crime in which sexual intercourse is committed without consent, through force, threats, or fearful intimidation.

In most jurisdictions, the actual crime of rape requires actual sexual penetration. Some states however, have included non-consensual penetration by objects in their rape laws.

To explore this concept, consider the.Rape and Sexual Assault Dean G. Kilpatrick, Ph.D. National Violence Against Women Prevention Research Center Medical University of South Carolina Rape is the most underreported crime in America. Significant changes to improve the treatment of sexual assault .A.

Procedure for nvest gat on of rape cases B. Transport C. F rearms Judicial interpretation of “substantial and compelling circumstances” Examining sentences for rape on appeal Minimum sentences for second and subsequent.