A critical analysis of the standard of proof in penetrative defilement cases in Zambia

Dr. Geoffrey Henry Msoni PhD-CJ, MSc, BSc, Dip, Cert L&PD, Prof Gideon Mwanza, Prof Munyonzwe Hamalengwa, Prof SM Munsaka

Abstract

Standard of proof in penetrative defilement cases is a crucial matter for consideration to achieve equitable justice administration. This study was conducted to establish inadequacies that exist in the criminal justice system in cases that require forensic science involvement to achieve equitable justice administration. Data was collected from institutional records that included Police dockets (n=50), National Prosecutions Authority records (n=40), Court judgements (n=50), Child sexual abuse cases (CSA)(n=7702) from University Teaching Hospital (PCoE) and also from inmates saving sentences for defilement of children and imbeciles (n=50).

Purposive sampling of institutional records between 2016 and 2021 was done and consequently, descriptive statistics (means, medians, ranges etc.) were used to describe populations. SPSS V26 was used for statistical analysis, which produced descriptive and inferential output (Both statistical and graphical). All statistical tests where at 5% significance and confidence levels.

The results of this study showed among other concerns an uncoordinated approach from the players handling penetrative defilement cases involving children ≤ 8 years and imbeciles. Secondly, reluctance by players to embrace scientific/forensic methods (99.5% non-scientific evidence and 0.5% scientific evidence in the sampled cases) in the administration of justice as the standard of proof by seemingly adopting and being satisfied with the crime control model approach as illustrated by Hebert Packer was observed. It can therefore be concluded that in Zambia during the period under review in the study, the administration of justice in penetrative defilement cases was on the balance of probabilities rather than beyond reasonable doubt