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The Buganda Road Chief Magistrates’ Court in Kampala has ordered an attempted rape victim to exhibit the knicker she was in on the fateful day.

Chief Magistrate Ronald Kayizi ordered Rachael (not her real name) on Wednesday (April 17, 2024) to avail the exhibits, saying he could not proceed with hearing the case without the same.

In her testimony, Rachael testified before court against Benon Kivumbi, a man she accuses of attempting to rape her on the night of April 8, 2024, at Villa Bar Bukoto in Kampala district.

Kivumbi, 31, is a driver at the said bar and a resident of Bukoto Nsimbi, Ziwoome Zone, Nakawa division in Kampala district.

Led by senior state attorney Ivan Kyaze, the alleged victim (Rachael) testified that on April 8, 2024, at Villa Bar Bukoto as she was asleep in one of the cars in the parking yard, she woke up with her clothes off and pants torn.

“I was in my periods that night from the day before. But I gained my conscience when my blouse was off and my knicker torn, my jeans were also off and it was Kivumbi on me,” Rachael said.

Asked how she got to the vehicle, Rachael said: “I was feeling unwell that day. So, when I drank one bottle, I lost it and decided to go and sleep. So, my friends brought me in the vehicle to rest, but at about 3:00 am, Kivumbi accessed the car and attempted to rape me”.

Asked to explain how Kivumbi accessed the vehicle, yet it was locked, Rachael said most car owners who come to the bar leave the keys with the suspect for he even guards the car park yard at the premises as revelers drink.

“So, there was some blood on the car seat that I think was due to my periods and he had removed my pants. I made an alarm and ran naked towards my friends who also called in the bar management,” Rachael told court.

However, Rachael’s testimony was cut short after the Chief Magistrate told the prosecution to tender in the said clothes as exhibits.

“I’m adjourning this case so that you bring that said torn knicker, the jeans, and the blouse you were in that day as prosecution exhibits,” Kayizi said as he adjourned the case to April 29, 2024, for further hearing.

The charge

The prosecution alleges that on April 8, 2024, at The Villa Bar Bukoto in Kampala district, Kivumbi attempted to have unlawful carnal knowledge of Rachael, without her consent.

Under the law, attempted rape contravenes Section 125 of the Penal Code Act, and any person who attempts to commit the offence is liable to imprisonment for life with or without corporal punishment.

Chris Ochom is the accused's lawyer