In the case before us and what we can deduce from the video clip, it appears top the objective mind that the Lady in the video has not consented to the act and she was been forced to continue. there was also complete penetration which is a vital ingredient to prove that rap.e has occurred.
The problem is that it is not easy for the judge/court to just step into the arena and decide that having seen the video like Seun has stated , the suspects are hereby found guilty of the "Offence" the court does not work that way. the court acts and is limited to how well the prosecution conducts its case. Rape is a criminal offence and the burden of proof is on the prosecution to prove the offence and this must be proof beyond reasonable doubt.
The prosecution must conduct its case diligently for the expectation of the general public (especially the honorable laymen of the public) to be actualized.
The Victim must be identified and must also be willing to come out to the open to identify the suspects as those she had an encounter with on the fateful day,the identification of the scene of crime (location where the act took place) should also be identified.,she must be willing to aid the prosecution in their investigation. she must also be willing to testify against the suspects(accused) in the open court ,
The Prosecution's next hurdle once investigation is complete is to come to charge the accused to the open court , open its case, call its witnesses (Prosecution Witness(es) to testify in the open court , present the controversial video clip to the open court so as to establish its case that the act of rape actually took place and that there was penetration/ unlawful carnal knowledge and gross segxwal assault. the prosecution will then seek to tender this as an exhibit in the open court. The prosecution then closes its case and the defense will open his own case in order to cast doubt on the prosecutions case. there are several options for the defense to adopt including a no case submission if it feels the prosecution's case is so bad that it will "self destruct"
What i am trying to say in essence is that securing a conviction depends on the strength of the prosecutions case and more importantly the diligence with which it is being carried out. and to some extent on how strong a defense lawyer can conduct the defence of the accused persons. Therefore if we must get justice we need competent lawyers sponsored by various interest groups to hold watching brief for the would be complainant in the course of trial.
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