Asked by Sampi Maseko on 25-08-2022 10:45:07
Question posted in the Criminal Law category relating to Free State
Good morning,My brother was accused of rape in 2016, his dna sample was taken and sent to the lab. the result came back negative and he was acquitted. To his surprise, he was called in again in 2019 to give another dna sample, this time the result came back positive. He has since been detained until today without trial.
Is this lawful?
The state lawyer told him to say he is guilty to get a lighter sentence, but he is not guilty.
If you would like to view the entire answer, you will need to either login or register a FREE account.
DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.