An analysis of the trial and procedure of defilement cases in Zambia
Files
Date
2013-05-09
Authors
Sithole, Naomi
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
Defilement in Zambia has been increasing notwithstanding the heavy penalty imposed by Act No. 15 of 2005. Whilst a number of studies on defilement have focused on the substantive law, this study has taken a novel approach; it focuses on the procedure governing defilement cases from the pre-trial process to the court room. Apart from a review of the various literatures on the subject, a number of interviews were conducted with personnel from the police, hospitals and organisations that provide social welfare to the victims. The study revealed that the pre-trial process needs to be more effective and responsive to the needs of the victim. This can be achieved by enhancing co-ordination between the key players that is, the victim support unit, medical personnel and the social welfare. The study further revealed that the courts in Zambia do not have special procedure governing defilement cases. For instance the trials are conducted in our usual open court; the child witness is not accorded formal protection during cross examination. In an adversarial system such as ours, a child witness ends up being subjected to further humiliation and trauma. The evidence of the child witness is subjected to the common law precautionary rule. Furthermore, defilement cases are subjected to the requirement of corroboration and yet it is a notorious fact that such cases are committed in privacy. This puts a heavy burden on the prosecution. The study revealed that defilement cases may take as long as 12 months before they are disposed of. This does not only perpetuate the trauma of the child victim but also affects the veritability of the evidence of the child witness due to lapse of time. The study contains recommendations which if implemented can enhance the protection of children that become victims of defilement.
Description
Keywords
Trial and procedure-Zambia