In R.v. Ross (1925) 18 Cr. App. Rep. 141 at 142. Hewart, L.C.J. on facts which are not too dissimilar to those in the present case had this to say, namely:- “In a case of this kind, corroboration of the story of the prosecutrix, though not essential in law, is required in practice. It is the well-settled practice to warn juries that it is not safe to convict on the uncorroborated testimony of the prosecutrix. To tell the jury that something is corroboration which is not corroboration may have a more unfortunate result than the omission of any warning on the matter. Here a matter was treated as corroboration which was not corroboration … The conviction must be quashed.”
PENETRATION IS THE ESSENTIAL INGREDIENT OF RAPE
The essential and most important ingredient of the offence of rape is penetration and unless penetration is proved the prosecution must fail (See R. v. Hill, 1 East P.C 439). But penetration however slight, is sufficient and it is not necessary to prove an injury or the rupture of the hymen to constitute the crime...