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MONROVIA–In a write out, former Solicitor General and former President of the Liberia National Bar Association, Cllr. Tiawon Gongloe provided reflective insight on the puzzle hovering over the rape allegation leveled against suspended Deputy Youth and Sport Minister, J. Bryant McGill.
Weeks after being accused of raping a 14-yr-old girl at his office, McGill is yet to be apprehended by police in a manner that has drawn condemnation and critique of existing laws regarding rape.
The Liberia National Police, following weeks of investigations, said there is no evidence to link the former government officials.
However, Cllr. Gongloe drew chronology between circumstances surrounding the current rape case and other rape cases in time past, making reference to a 1898 Supreme Court of Liberia decision in a landmark case of Coleman v. Republic of Liberia, a decision he argues that still guides how our justice system handles rape allegations.
He narrated how one William M. Coleman was convicted of raping a fourteen-year-old girl, and argued that no one had seen him with the girl and that her word alone was not enough to convict him.
According to him, the Supreme Court rejected that Coleman’s argument, and held that under the Act of 1869, which adopted the common law of England and America, rape is defined as the carnal knowledge of a woman forcibly and unlawfully against her will, and that proof of penetration alone completes the crime, even without eyewitnesses or emission.
He recalled also who the Court further ruled that the victim’s credible and consistent testimony, supported by medical or circumstantial evidence, is sufficient for conviction.
Cllr. Gongloe noted how the Court warned that requiring eyewitnesses in such crimes would “allow many offenders to escape punishment and leave helpless women unprotected.”
“That principle remains the law today under Section 14.70 of the Penal Law and was reaffirmed in Gardea v. Republic of Liberia (2014). It also informs the police standard for determining whether to arrest or charge a suspect,” the learned Cllr. Gongloe wrote.
He clarified that what the police need is probable cause under Liberian law, which is the reasonable grounds to believe that a crime has been committed and that the suspect probably committed it, but stressed “It is not proof beyond a reasonable doubt; it is a reasonable belief based on credible evidence.”
According to him, the fact that a medical report confirms sexual penetration or injury and the victim’s account is consistent and believable, that is enough to establish probable cause.
“Police hesitation in such circumstances shuts the door to justice before the case even reaches court,” he said.
He added that “Probable cause” is the first step toward justice or the law’s expression of courage to protect the vulnerable.
Referring to the Coleman Case a reminder, Cllr. Gongloe reminded law enforcers that “when the victim speaks truth and the evidence supports her, the law must listen, act, and defend her dignity.”
Alphonso Toweh
Has been in the profession for over twenty years. He has worked for many international media outlets including: West Africa Magazine, Africa Week Magazine, African Observer and did occasional reporting for CNN, BBC World Service, Sunday Times, NPR, Radio Deutchewells, Radio Netherlands. He is the current correspondent for Reuters
He holds first MA with honors in International Relations and a candidate for second master in International Peace studies and Conflict Resolution from the University of Liberia.
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