CONSENT IN A CHARGE OF RAPE

The appellant was charged with th offence of rape contrary to section 130 (1) (2) (b) of Cap 16 of Tanzania, states that "with her consent where consent is obtained by the use of force, threats or intimidation by putting her in fear of death or of hurt or while she is in unlawful detention"

Under the offence the prosecutor ought to prove that there was consent obtained by force, threats or unlawful detention.

In the case of Mapinduzi Mgalla v R, Mashaka .J.A held that the offence under the penal code section 130 (1) (2) (b) cap 16 there must be established that there was consent from the victim to sexual intercourse lack of which renders the charge unproved.