Jansen v The State

The appellant, Cornelius Marthinus Jansen, was charged in the Regional Court, Kempton Park with nine counts of contravening provisions of the Criminal Law Amendment (Sexual Offences and Related Matters) Act 32 of 2007. He was acquitted on seven counts but convicted on counts 7 and 8 involving alleged sexual misconduct against his minor daughter, CJ. Count 7 related to allegations that between May and July 2008 he exposed his genitals to CJ, then three years old, including bathing naked with her and rubbing cream on his body in her presence. Count 8 related to allegations that in July 2010 he sexually violated CJ, then five years old, by digitally penetrating her vagina or touching her genitalia. The State’s case relied primarily on CJ as a single witness, supported by testimony from social workers, caregivers, and a medical practitioner. The appellant denied all allegations, contending that CJ had been exposed to inappropriate conduct through other sources and may have been coached or influenced.

The appeal succeeded. The appellant’s convictions on counts 7 and 8 and the sentences of ten years’ imprisonment and life imprisonment respectively were set aside.

The case reaffirms the cautious approach required when courts rely on the evidence of a single witness, particularly in sexual offence cases involving child complainants. It underscores that while such evidence may suffice, it must be reliable, consistent, and satisfactory in all material respects, and speculative or contradictory evidence cannot sustain a conviction beyond reasonable doubt.