Character Evidence is a tool commonly
used by advocates during trials, particularly in rape cases. This evidence is
often used to paint the accused in such a manner that it is highly unlikely or
even more likely that the accused has committed the offence. On the other hand
it is also used to tarnish the image of the prosecutrix, in order to make it
appear that the allegations leveled against the accused are false or true.
The objectives of this paper to ascertain the role of character evidence
from the perspective of the accused, analyse the evidentiary value character
evidence presents in the trial of a rape case and determine whether an
acquittal or conviction may be granted on the basis of character evidence of
the accused. The paper further seeks to determine the importance of character
evidence of the victim in the trial of a rape and understand the extent, scope
and value of such evidence.
This paper shall study the role that is played by character evidence in
rape cases. It adopts a descriptive approach with respect to describing what
constitutes the term ‘character’, how the usage has been prescribed by the
statute and courts of law and lastly the manner in which character evidence has
been utilised.