Evaluating the standard of proof applicable in rape cases in Ethiopia: a case study in the courts of Kembata Tembaro Zone

Abstract

This thesis examines the standard of proof applicable in rape cases in kembata Tembaro Zone, SNNPR, Ethiopia. It explores the legal and practical gaps on the applicability of the requisite standard of proof in the proceedings of rape cases. From July 2012 to June 2013 E.C., a retroactive review of court documents for rape cases was done in the courts of Kembata Tembaro Zone and additional data were collected using a semi-structured interview among judges, public prosecutors and attorneys. Accordingly,this thesis discovered that there is a weak production of evidence and technologically in advanced investigation system.The findings revealed that in rape cases, the victim's testimony, eyewitness testimony, and medical reports are the forms of evidence provided to the court, with the victim's statement being the predominant source of evidence. Additionally, Findings indicated that courts are not using the beyond reasonable doubt standard of proof in rape cases uniformly. The lack of a standard of proof and particular processes for child rape cases, as well as backward investigation techniques, the crime's hidden nature, and cultural concerns, are all obstacles. As a result, judgements based on such weak evidence may jeopardize the accused's right to a presumption of innocence.The establishment of a standard of proof for rape trials is recommended, as is a balanced view of courts to do justice to society, the victim, and the perpetrators.