Our expert says:
This is actually a complex legal issue, so you really need legal advice.
Technically there may be problems, which the accused's lawyer would probably take advantage of. It sshould be possible, if there is real evidence of rape, for the case to proceed - and I think that for major crimes like rape, it should be technically US, the people of SA, as represented by the prosecutor, that brings such cases, not the original complainant. After all, in cases of murder, the person most likely to complain is already dead, and it is the prosecutor who brings the case. Call the prosecutor's office ( make sure they know about the mother's death ) and ask them to confirm that the case will proceed, or if there are problems, how best to solve them.
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