A significant victory for justice has been achieved in the ongoing fight against Gender Based Violence. The convict has been found guilty of Defilement of a Child, contrary to section 138 (1) of the Penal Code.

Due to the provisions of the Children’s Code Act, the name of the Convict will not be divulged as it would lead to the disclosure of information of the Child victim in question.

The disturbing incident occurred on a rainy night when the convict, after a night of drinking with his wife, snuck out of their bedroom and into the living room where his 9-year-old stepdaughter was sleeping. Under the pretext of reading the bible, he removed the light bulb from the bedroom and took it to the living room, creating an opportunity for the heinous crime.

The child victim’s mother noted that there was no light in the bedroom nor the living room when she woke up to drink water. At around 03 hours, she woke up to find her daughter on the couch with her underwear removed and a foul smell emanating from the underwear. When she went back to the bedroom, she discovered that the convict’s hands also had the same foul smell.

The following day, she noted that the convict did not go for work and instead was practically joined to the child victim’s hip. When the child victim was finally away from the convict, she revealed to the mother what had transpired, and explained how the convict went with a knife and threatened the victim before engaging in the unlawful carnal knowledge of his stepdaughter.

Despite the convict’s attempt to deny the allegations and claim false implication occasioned by his wife, the court found him guilty. The Resident Magistrate, Honourable C. Hampungani, noted that the convict did not raise the statutory defence provided for under section 138, and that the evidence presented by the prosecution, led by Senior Public Prosecutor Grace Katoka Muhumpu, was sufficient to prove his guilt, beyond reasonable doubt.

The case has been committed to the High Court for sentencing, where the convict faces a mandatory minimum sentence of 15 years. This conviction sends a strong message that Gender Based Violence generally, and child abuse specifically, will not be tolerated and that perpetrators will be held accountable for their actions.

We commend the bravery of the child victim and her mother, as well as the tireless efforts of the prosecution team, for bringing this perpetrator to justice. Let us continue to work together to protect our children and create a safer, more just society for all.