Stella Dimoko Korkus.com: Doctor Freaks Journal - A Good Case Almost Ruined By The Wrong Evidence..

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Saturday, July 16, 2022

Doctor Freaks Journal - A Good Case Almost Ruined By The Wrong Evidence..

Oh My Goodness!!!

This is a must read!!!







In the early days of my legal practice, I received a call from an old friend. She requested a meeting at my earliest convenience. Her voice was laden with fear on the one hand and anger on the other hand.


XYZ and I met in our undergrad days and we hadn't seen in a while so I decided to oblige her. We met at a lounge and she went straight to the point after the exchange of pleasantries.


XYZ was in dire need of funds and she had approached the one whom she called "Uncle" a supposed family member for a bailout and fortunately, Uncle agreed to come to her rescue. Uncle wasted no time in approving her requisition. 

She was to pick up the cash (since this happened in the pre-internet banking era) from his hotel room. 


(Do me a favour, don't judge yet, just follow the lines with an open mind.)


Back to the gist now.


 XYZ borrowed money from a friend to pick a cab to the rendezvous and in no time she was there. She was ushered into Uncle's room upon her arrival. Since "Uncle" was a "blood relation" there was no cause for alarm. Uncle ordered food and drinks and both tried to catch up on old times. 


Suddenly, XYZ brought out an envelope and dropped it on the table. 

She had a "brief" for me, she enthused, and she meant it. It was a "rape" case! 

I was furious at this point. "You got raped?" She cried her eyes out and I had to pacify her as she continuously wept uncontrollably. She was able to pull herself together and narrate the story.


She was allegedly drugged by "Uncle" and got laid thereafter. Rather unfortunate and condemnable but what followed did not help her case. She woke up after the act and found out that "Uncle" had taken undue advantage of her by penetrating her PP without her consent, which should have qualified as rape but rape convictions are not earned on a silver platter. 


The offence of rape has ingredients which must be proved beyond reasonable doubt. What did she do in her case? Upon her discovery, she brought out her phone camera, held "Uncle" who was fast asleep close to her bossom and took some snapshots. 


Both of them were stark n.ked in all the pictures and she was the one holding this man who was sleeping his destiny away (not a good sight for me though because we were just friends and never got intimate before, during and after that meeting).


The young lawyer instincts in me told me we had a not too good case at hand. Why did I say so? She only cried to me a month after only when "Uncle" had failed to redeem his pledge to her. 

She had reminders sent to "Uncle" about the promised funds on her phone. I simply shared my honest views with her to the effect that those pictures appeared more like images taken for the purpose of blackmail and any good defence counsel would pick holes in them. 

The man was asleep and you were the one taking pictures without his knowledge or consent. In addition, she failed, refused and or neglected to report the alleged rape case at a police station immediately.


Rape is a very serious case. In the event that a woman gets raped, the first step to be taken is to report at the nearest police station, following which the police would take down the statement of the woman and direct her to a government-owned hospital for a medical check-up and a medical report would be issued and same will be obtained my a police officer.


It is upon the conclusion of the medical examination and possession of the medical report that the prosecutor would be well equipped to prove the guilt of the felon. Be informed that evidence of rape must be corroborated, at least by a medical report. Do not just snap pictures that may lead you into further trouble like my friend, XYZ.


Did we go to court eventually? No, we settled out of court but she got justice.


Rape is evil. Be informed that the penalty for Rape is life imprisonment. Shun Rape!


Be informed also that by virtue of the Violence Against Persons (Prohibition) Act, 2015, "Rape is an intentional penetration of the v#gina, an#s or mouth of any person with any part of the body or anything and without the consent of the person being penetrated."


By this new definition, boys and men can be victims of rape while rape can be performed with objects. A topic for another day.

10 comments:

  1. Wicked Uncle and I have no words for the way she handled the issue afterwards because I don't know what she was thinking by enabling that evil man.
    So if the man had given her the money as promised, she would have kept quiet abi?
    Na wah

    ReplyDelete
    Replies
    1. She didn’t enable him. He raped her.
      I’ve never for one day in my life felt like my uncle can rape me. Not even with all the evil I’ve heard in this world has it ever crossed my mind
      At this her age, when we moved to a new place, we stayed with an uncle and his family and I can remember many times I was home alone with said uncle. Not blood related but close. But till I read the comments here, it never even crossed my mind that he could have tried anything the whole time I was home alone with him.

      Delete
  2. Any interaction with the opposite gender (could happen with a twisted same gender too) that requires entering a hotel room is a no-no except they are family or absolutely trusted friends. In short, any boyfriend sef wey no carry you go him house but they invite you come hotel (including ndi I-just-got-back geng) carries a "be careful" tag especially if you are coding your movements from family and friends.

    What happened to the lobby? Let's even agree that they didn't want to be displaying money in public for obvious reasons and decided to go into her "uncle's" room, then you entered and started eating and drinking first when it's money you came to collect/borrow ba?

    It sounds like hanty knew what she was there for but was angry the man reneged on his promise and "drugged" her to have his way. Bad enough; agreed. Then instead of going straight to the police, she armed herself with a blackmail tool and evidence. Abeg shey na her phone she carry snap the man that year or she kuku went with a kodak camera abi she contracted a photographer for the job?🙄.

    Thank God she first got legal advice from someone like you because what if baba used her own evidence to claim she was the one who drugged, raped and robbed him nko? Hianest! Good to know you got her "justice" in the end and thanks for reiterating that rape in any form is evil. Kudos👌

    ReplyDelete
    Replies
    1. I doubt she knew what she was there for, remember this is a blood relative. She was probably just sad and confused and did the first thing that came to her mind, not realising that it made her look guilty.

      Thank God she got justice eventually, as for people that can't help others, especially their family members, well done oh.

      Delete
    2. * people that can't help others without demanding for sex

      Delete
  3. Thank you for the enlightenment Kunle...You didn't sign out.

    ReplyDelete
  4. Furthermore, your piece today is quite timely as the baba ijesha sentencing for alleged rape and paedophilia is still fresh. I hope all those rape and paedophilia apologists on and off the blog plus those who believe a once-married, once-bereaved (she lost a child) woman who picks her own bills with dignity whilst training 15 foster children is "finished" saw Princess' IG post.

    They should see it and say "Amen" to her prayers or cur.ses as appropriate. All these aspiring rapists and paedophiles with warped mentality sef😏. Go to her page and receive your reward fast o. No be say tomorrow now when her words, tears and pains begin to manifest in your lives, you will start blaming your innocent village people. I typed what I typed!



    ReplyDelete

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