LEGAL PRINCIPLE: EVIDENCE LAW – Corroboration in Sexual Offences – Requirement for Material Evidence Implicating the Accused
PRINCIPLE STATEMENT
In sexual offense prosecutions where a child's unsworn testimony is admitted, a person shall not be liable to be convicted unless that testimony is corroborated by some other material evidence in support thereof implicating the accused.
RATIO DECIDENDI (SOURCE)
"A person shall not be liable to be convicted of the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution is corroborated by some other material evidence in support thereof implicating the accused."
EXPLANATION / SCOPE
This mandatory corroboration requirement protects against wrongful convictions based on unsworn child testimony in sexual offenses. “Material evidence” means substantive proof with probative value that supports the child’s account and independently connects the accused to the offense. Adequate corroboration includes: medical evidence consistent with the account, physical evidence linking accused to victim, witness testimony of suspicious circumstances, or accused’s admissions. Mere evidence that an offense occurred without implicating the accused, or general credibility evidence, is insufficient. The requirement is mandatory—conviction without proper corroboration is illegal and reversible on appeal. Courts must identify specific corroborative evidence and explain how it satisfies the statutory requirement of supporting the testimony and implicating the accused.