Legal Question in Criminal Law in Zimbabwe

my next of kin was raped 42 years ago the matter was never reported,she got pregnant and kept the baby now that rapist is hasling her demandind the child yet all this was concilled from the child so the lady is now depressed.what can i do to bring justice for her?


Asked on 1/31/11, 8:44 am

1 Answer from Attorneys

lawman Chimuriwo Lawman Chimuriwo Attorneys At Law

under common law ,your right to take action(prescription) in criminal cases in Zimbabwe is between 30-40 years depending on the nature of the crime.(Van der Keessel,

. 207)(GRAHAM.STOAVN, CAPE COLONY. 1910. )

put simply you have many technical obstacles to tackle before you convince the attorney general to prosecute your matter.you will also need to gather all the evidence to support your case.As it stand they are many sexual cases delayed by less that 6 months that fail to sail through .issues of character evidence will also have to be addressed against your next of keen.in short the chances on a criminal suit are dim and next to zero.

the best option that she has is to approach the magistrates court and seek a protection order against this person in terms of the Domestic violence Act.you will be given forms to fill in and upon paying a minimum fee you will be granted audience before a magistrate for an interim order and on the return date you can argue for the confirmation of the interim relief.

the good thing about the relief in the Domestic violence act is that you can bring the action on behalf of your next of keen.it grants you locus standi to do so

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Answered on 4/27/11, 12:30 pm


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