Death during intimacy 

/in /by

I went with my lover to a guest house for the weekend to escape the stresses of daily life and spend some quality time together. Sadly, during a private moment, he suddenly collapsed and died. I was arrested and detained for a while on suspicion of murder. However, the autopsy revealed he had an undiagnosed heart condition that likely contributed to his death, so the police released me. Soon after, rumours started to spread that I committed the perfect crime and got away with it. People are now accusing me of foul play. The police have reopened the investigation into the case of manslaughter, and even the guest house owner is being questioned by the authorities. Given these circumstances, I am worried about whether I can be unfairly held liable for his death. Please guide me on this possibility.

LG, Tanga

We are sorry to hear about the circumstances you are facing. Please note that our response is based solely on the information you have provided, as we have not reviewed the full investigation details or the reasons behind the police reopening the case. If the autopsy confirms that the death was due to natural causes, you cannot be held criminally liable.

According to section 195 of the Penal Code, Cap. 16 [R.E. 2023], criminal responsibility for manslaughter requires proof of unlawful killing that was not maliciously premeditated (malice aforethought), which is not apparent in this case. Regarding the guest house inquiry, the focus is on whether the death was caused by unforeseen acts that could lead to death, such as a fight that resulted in your lover’s heart attack, or the presence of Viagra pills if found in the guest room. This does not imply responsibility but will assist the police in understanding the circumstances surrounding the death. Without evidence that you contributed to the death, there is no basis for facing legal responsibility. If you were not involved in your lover’s death, you need not worry about liability. We trust the authorities will conduct a thorough investigation and ensure justice is served. In the meantime, we advise you to cooperate fully with the authorities under the guidance of your lawyer.