MONROVIA – In a compelling legal commentary on Thursday, October 9, 2025, Cllr. Tiawan Saye Gongloe emphasized the critical role of probable cause in Liberia’s handling of rape cases, tracing the principle back to a landmark Supreme Court ruling in 1898. Writing under the title “Probable Cause in a Rape Case,” Cllr. Gongloe revisited the historic decision of Coleman v. Republic of Liberia, which continues to guide the nation’s justice system in prosecuting sexual assault.
In the Coleman case, William M. Coleman was convicted of raping a fourteen-year-old girl. On appeal, Coleman argued that the absence of eyewitnesses meant his conviction should be overturned, contending that the victim’s testimony alone was insufficient. The Supreme Court rejected this argument, ruling that under the Act of 1869, which incorporated the common law of England and America, rape is defined as the carnal knowledge of a woman forcibly and unlawfully against her will. The Court clarified that proof of penetration alone is enough to constitute the crime, even without direct witnesses or emission.
Cllr. Gongloe explained that the Court further held that a victim’s credible and consistent testimony, when supported by medical or circumstantial evidence, is sufficient to secure a conviction. The ruling emphasized that demanding eyewitnesses would leave many victims unprotected and allow offenders to evade justice. This principle has endured in Liberian law, codified under Section 14.70 of the Penal Law, and reaffirmed in Gardea v. Republic of Liberia (2014).
Cllr. Gongloe’s legal commentary comes amid growing calls for the arrest of suspended Deputy Minister for Youth Development at the Ministry of Youth and Sports, Bryant McGill. Recently, a Liberian women’s advocacy group campaigning against rape and gender-based violence demanded the immediate arrest of McGill, who is accused of raping a 14-year-old girl. The group made the demand on Monday, October 6, 2025, at the U.S. Embassy in Monrovia, urging the government to act swiftly on the allegations.
“The law recognizes that sexual assault often occurs in private, and victims rarely have witnesses. Probable cause is the threshold that allows the police and judiciary to respond to credible allegations without delay,” Cllr. Gongloe wrote. He highlighted that the standard is not proof beyond a reasonable doubt but a reasonable belief, based on credible evidence, that a crime has been committed and the suspect is likely responsible.
He further explained that when a medical report confirms sexual penetration or injury and the victim’s account is consistent and believable, such evidence is sufficient to establish probable cause. Hesitation by law enforcement in these circumstances, he noted, can deny victims access to justice before a case even reaches the courts.
Cllr. Gongloe stressed that probable cause is more than a legal requirement, it is an expression of courage by the law to protect the vulnerable. “As the Coleman Court reminded us more than a century ago, when the victim speaks truth and the evidence supports her, the law must listen, act, and defend her dignity,” he wrote.
According to Cllr. Gongloe, understanding and applying probable cause correctly is critical for maintaining public confidence in Liberia’s justice system. He urged police officers, prosecutors, and judicial officers to uphold this standard rigorously, particularly in cases involving sexual assault and vulnerable victims.
The legal scholar highlighted that misinterpretation or reluctance to act on credible allegations undermines the rule of law and perpetuates cycles of abuse. “Probable cause is the first step toward justice,” he noted, “and failing to act when it exists is a failure of both law and morality.”
Cllr. Gongloe also drew attention to the ongoing need for training and capacity-building within the Liberian Police and judicial institutions to ensure that victims’ rights are protected and that cases proceed without unnecessary delay.
He emphasized that while conviction is not guaranteed at the stage of probable cause, the law’s initial response sets the tone for justice and sends a clear message that sexual crimes will not be ignored. “The law must be a shield for those who cannot protect themselves. Probable cause empowers the justice system to act decisively on behalf of victims,” Cllr. Gongloe wrote, urging authorities to act decisively and without prejudice.
In concluding his commentary, Cllr. Gongloe reaffirmed that the principles established in the Coleman case remain as relevant today as they were more than a century ago. He called on Liberia’s legal community, law enforcement, and policymakers to honor these principles and ensure that every victim of sexual assault has access to justice.
“Justice delayed is dignity denied,” Cllr. Gongloe wrote, “and probable cause is the law’s first, essential step in defending the dignity and rights of those who have been violated.”
This article emphasizes the urgent need for swift legal action and a committed response from Liberian authorities to uphold the law, particularly as public attention focuses on high-profile allegations such as those against Deputy Minister Bryant McGill.
