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In the matter between The State and Nalwendo Lasco Likezo, accused: Namibia High Court, 2013

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Date December 29, 20152:07 pm
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Summary

The accused admitted having sexual intercourse with the consent of the complainant. He however pleaded that he did not know the complainant was 12 years old and furthermore that he was ignorant of the law. The complainant’s version was that the accused grabbed her from behind, held her mouth and carried her into a nearby field where he raped her.

The court found that there were inconsistencies and shortcomings in both the evidence of the complainant and the accused, but the court was unable to rely on the single uncorroborated evidence of the complainant. The court found that the accused knew that it was wrong for an adult to have sexual intercourse with a child and that the complainant was young. The court was however not satisfied that the State had succeeded in discharging the onus to prove beyond reasonable doubt that the accused was aware of the definitional elements of the offence which include knowledge of her age and that she was legally incapable of giving valid consent. The accused is found not guilty and discharged on both counts.

Republic of Namibia: High Court of Namibia Northern Local Division, Oshakati: Case no: CC 12/2012: In the matter between The State and Nalwendo Lasco Likezo, accused Neutral citation: The State v Likezo (CC 12/2012) [2013] NAHCNLD 34 (12 June 2013)