(1) Evidence of the psychological effects of rape shall be admissible in criminal 8. proceedings at which an accused is charged with rape (whether under the common law or under this Act) in order - (a) to show that the sexual act to which the charge relates is likely - (i) to have been committed towards or in connection with the complainant concerned; (ii) to have been committed under coercive circumstances; (b) to prove, for the purpose of imposing an appropriate sentence, the extent of the mental harm suffered by that complainant. (2) In estimating the weight to be attached to evidence admitted in terms of subsection (1), the court shall have due regard to - (a) the qualifications and experience of the person who has given such evidence; and (b) all the evidence given at the trial. Special duties of prosecutor where accused is charged with sexual offence 9. In criminal proceedings at which an accused is charged with an offence of a sexual nature, it shall be the duty of the prosecutor to consult with the complainant in such proceedings in order - (a) to ensure that all information relevant to the has been obtained from the complainant, including information relevant to the question whether the accused should be released on bail and, if the accused were so released, whether any conditions of bail should be imposed; and (b) to provide all such information to the complainant as will be necessary to lessen the impact of the trial on the complainant. Special duties of member of police in respect of bail applications where accused is charged with sexual offence 10. In criminal proceedings at an accused is charged with an offence of a sexual nature, it shall be the duty of the member of the Namibian Police Force in charge of the investigation - (a) to forthwith inform the prosecutor in such proceedings of any reason to believe that the complainant would be at risk if the accused is released on bail and of any other investigations involving the accused (if any); and (b) if bail has been granted to the accused, to forthwith, after becoming aware thereof, inform that prosecutor of any failure by the accused to comply with his or her conditions of bail. Amendment of section 1 of Act 51 of 1977 11. Section 1 of the Criminal Procedure Act, 1977 (hereinafter referred to as the principal Act), is hereby amended by the insertion in subsection (1) after the definition of of the following definition: “charge”
8. (1) Evidence of the psychological effects of rape shall be admissible in criminal proceedings at which an accused is charged with rape (whether under the common law or under this Act) in order - (a) to show that the sexual act to which the charge relates is likely - (i) to have been committed towards or in connection with the complainant concerned; (ii) to have been committed under coercive circumstances; (b) to prove, for the purpose of imposing an appropriate sentence, the extent of the mental harm suffered by that complainant. (2) In estimating the weight to be attached to evidence admitted in terms of subsection (1), the court shall have due regard to - (a) the qualifications and experience of the person who has given such evidence; and (b) all the evidence given at the trial. Special duties of prosecutor where accused is charged with sexual offence 9. In criminal proceedings at which an accused is charged with an offence of a sexual nature, it shall be the duty of the prosecutor to consult with the complainant in such proceedings in order - (a) to ensure that all information relevant to the has been obtained from the complainant, including information relevant to the question whether the accused should be released on bail and, if the accused were so released, whether any conditions of bail should be imposed; and (b) to provide all such information to the complainant as will be necessary to lessen the impact of the trial on the complainant. Special duties of member of police in respect of bail applications where accused is charged with sexual offence 10. In criminal proceedings at an accused is charged with an offence of a sexual nature, it shall be the duty of the member of the Namibian Police Force in charge of the investigation - (a) to forthwith inform the prosecutor in such proceedings of any reason to believe that the complainant would be at risk if the accused is released on bail and of any other investigations involving the accused (if any); and (b) if bail has been granted to the accused, to forthwith, after becoming aware thereof, inform that prosecutor of any failure by the accused to comply with his or her conditions of bail. Amendment of section 1 of Act 51 of 1977 11. Section 1 of the Criminal Procedure Act, 1977 (hereinafter referred to as the principal Act), is hereby amended by the insertion in subsection (1) after the definition of “charge” of the following definition:
combating-of-rape-act-0ff6451bb8.docx