CARMEL RICKARD: A question of jurisdiction in child rape cases
A comparison of two recent judgments on child rape cases raises concerns around judicial tradition in jurisdictions outside SA
It’s not often that I ask FM readers to consider rape sentences. But this week I found two recent decisions worth comparing. The first comes from Kenya, where rape and "defilement" — a common Sub-Saharan term for the rape of a child — are a continuing and terrible problem.
Martin Mawinda, 77, described by the appeal judge as a "frail and sick-looking man", was convicted of raping a 13-year-old girl and sentenced to 20 years. He challenged his sentence, saying he was "old, sickly and remorseful"...