Funso

Sexual Crimes in Africa and How to Deal with Them: Zambia and Six Other African Countries in Perspective Funso

Criminal liability is based upon a combination of actions, actus reus) thoughts and mind set (mens rea). This is expressed by the maxim actus non facit reum nisi mens sit rea, which means that an act alone will not give rise to criminal liability unless it was done with a guilty state of mind (Emily Flinch et al 2009:2). If actus reus and mens rea are established and there is no valid defense, the defendant is guilty. The onus or burden of proofs is on the prosecution to establish the elements of the offence beyond reasonable doubt. This is required to establish criminal liability (standard of proof) (Emily Flinch et al 2009:2). It is the responsibility of Government to protect its citizens from all forms of criminal activities. Hence it has enacted Laws, usually adopted from the British Laws, in order to achieve this objective, the enforcement of which is achieved through law enforcement . Law enforcement Service Headquarters and their officers enforce these laws.