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Republic v Katatia [1978] NRSC 16; [1969-1982] NLR (C) 38 (12 January 1978)

[1969-1982] NLR (C) 38

IN THE SUPREME COURT OF NAURU

Criminal Case No. 4 of 1977

THE REPUBLIC OF NAURU

v

TAUTEANG KATATIA

12^th January, 1978

Sexual offences - corroboration - what is required

Sexual offences - complainant’s evidence uncorroborated - when conviction is proper.

The accused was charged with raping a girl aged about 12 years and with detaining her upon premises against her will for the purpose of her being unlawfully carnally known by a man. He is a Gilbertese adult male and was living in a room in the Nauru Phosphate Corporation Location. The prosecution case was that the girl, who had gone with her older sister, a male relative and a Gilbertese man to the accused’s room to drink beer there with him, was forcibly detained there by him and raped by him, after the other had left. When the sister returned, the accused refused to release the girl and the police were called. When the police arrived he released her and she ran from the room to one of the police officers and complained that she had been raped. The defence case was that the accused detained the girl in the room because her sister had refused to pay for the beer she had consumed and had left after quarrelling with the accused about it. The girl was not immediately examined nor was her clothing or that of the accused checked for blood or seminal stains.

Held: (1) The evidence required as a matter of practice to corroborate that of the alleged victim of a sexual offence is evidence which confirms in some material particular that the accused committed the offence. Recent complaint does not constitute corroboration; the distressed condition of the alleged victim may do so, depending on the circumstances. In this case, it did not do so.

(2) Where there is no evidence corroborating the evidence of an alleged victim of a sexual assault, but her evidence is believed, it is possible to convict the accused on her evidence alone. But cases in which it is proper to do so are rare.

Accused acquitted of both offences.

G Lang for the Republic
H MacSporran for the accused.