Why you would be in trouble if someone dies after meeting you

Opinion
By Ndong Evance | Sep 26, 2025

“Did you reach home safely?” Why You Should Always Ask

“Call me when you get home.”

It’s a phrase we often use casually, almost as a formality after an evening out with friends or a late-night hangout. But few people realise how profound those words can be, not just for peace of mind, but in the eyes of the law.

Imagine this: You’re the last person seen with a friend, colleague, or acquaintance, and hours later, tragedy strikes. The law might look to you first. This is where the doctrine of last seen in criminal law comes into play. The doctrine of last seen is a principle of circumstantial evidence in criminal trials.

In simple terms, it says: If a person was last seen alive with someone, and shortly thereafter is found dead, the burden falls on that companion to explain what happened in the intervening period. Courts use it as a way to narrow down suspects in situations where direct evidence like witnesses or cameras is absent.

It’s not a presumption of guilt by itself, but it creates a strong suspicion. When the time gap between being “last seen” together and the discovery of death is narrow, the doctrine carries even more weight.

This doctrine matters because life is unpredictable. You may have walked a colleague home, shared a cab with a friend, or dropped off a cousin late at night. If something unfortunate happened, say an accident, robbery, or even homicide, you could become a central figure in the investigation simply because you were the last known person with them. Imagine being innocent but unable to prove it. Investigators will want to know, when you parted ways? Where exactly? Did you see them meet someone else? What was their state of mind when you left?

If you cannot account for these details, suspicion lingers, and it could become a long, exhausting legal battle. This is why calling or texting to confirm someone got home safely isn’t just an act of kindness, it’s also a small safeguard for you. Courts have clarified that the doctrine of 'last seen with' cannot, on its own, convict a person. It is one piece of circumstantial evidence that must be supported by other elements, like motive, recovery of a weapon, or forensic evidence.

However, it often plays a decisive role. For example, if A was last seen walking with B at 10pm, and B’s body is discovered at 10:30pm just a few streets away, suspicion on A will be heavy. Unless A can show that B parted ways at a known point and perhaps even spoke to someone afterward, the explanation becomes thin.

Courts have also recognised exemptions. If there is a considerable gap between the time two people were last seen together and the discovery of death, the link weakens. Similarly, if there is credible evidence that the deceased met others after parting ways, the last seen principle loses its force.

Consider the case of young people after night outs. Two friends leave a club together. One goes missing, and hours later, tragedy strikes. The surviving friend, if last seen together, becomes the first suspect. Even if innocent, they must spend days or weeks explaining themselves.

Or take everyday acts, a neighbour walking another to a bus stop, a colleague dropping someone at a corner. The “last seen” principle means that until the person is accounted for, suspicion rests on you. This is why it’s crucial to make sure the chain of safety is closed. A quick call or message not only gives peace of mind but also creates a record that you parted ways safely.

To safeguard yourself and others, it is important to make confirming someone’s safe arrival a routine. If you walk a friend home or drop them off, encourage them to call or text once they get in safely, and if they forget, take the initiative to follow up. Always be clear about the exact location and time you parted ways, as this detail could matter later. In situations involving ride-sharing apps like Uber or Bolt, make use of trip-sharing features to create a record of the journey.

The doctrine of last seen might sound technical, but at its heart lies a simple truth, human lives are interconnected. Ensuring someone reaches home safely is not just a protective act; it is also a shield for yourself. It shows responsibility, compassion, and vigilance. Our justice system works on probabilities and inferences. Being the last person with someone carries not just social responsibility but also legal weight.

In some cases, lives have been destroyed not because someone committed a crime, but because they could not convincingly explain their last moments with the deceased. So the next time you’re with a friend late at night, a relative during the day, or even an acquaintance at a gathering, remember: Parting ways doesn’t end your role.

Take a few extra seconds to ensure they reach safely. Not only could you be preventing harm, but you may also be protecting yourself from unnecessary suspicion. The doctrine of last seen is a reminder that in law, as in life, what we do in small moments can carry heavy consequences. Let us normalise checking in on each other, not just as a habit of care, but also as a shared duty to protect one another and ourselves. 

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