Six Juvenile offenders get convicted over defilement

Sep 22, 2016

Presenting the case before the High Court, senior State attorney, Fatima Nakafeero said that on June 3, 2014, immediately after Magdalene Kyakuwa had bade farewell to her three daughters including the minor, the Juvenile, who was their neighbor, went to their home to borrow a sauce pan.

Standing at the dock, a 14 year old minor, appearing before Justice Joseph Murangira of the High Court, pleaded guilty to defiling a six month old baby whose mother had left under the care of its sisters to go for work.

Presenting the case before the High Court, senior State attorney, Fatima Nakafeero said that on June 3, 2014, immediately after Magdalene Kyakuwa had bade farewell to her three daughters including the minor, the Juvenile, who was their neighbor, went to their home to borrow a sauce pan.

"He found the baby being carried by her five year old sister while their older sister was in the garden. The offender asked the girl to give him the baby such that she can prepare her (baby) food," Nakafeero narrated.

The victim's sister surrendered her to the offender and went to prepare the food. When she returned with the food, the Juvenile handed over the baby to her but to her surprise, the young girl was bleeding profusely from the private parts.

Nakafeero said that when the girl tried to ask the offender what had happened to the victim, he took off.

This prompted her to call their elder sister who then informed their mother.Kyakuwa, a resident of Lusanja village in Wakiso district, returned, went to Kitezi police station and reported. The boy got arrested and he immediately confessed to the crime whereupon, he was indicted. Medical examinations were done and the baby's hymen was found to be broken. She also had abrasions on the private parts.

Yesterday, in a very low voice, he took to the microphone and pleaded guilty when the indictment was read to him. The minor is among six juveniles who confessed to the crime.

On July 26, 2015, Sharon Amiya, a resident of Biina Zone, in Kampala, left her then 15 year old brother in law to watch over her 2 year old daughter. However, midway her journey to work, she decided to return home. She found the door closed but unlocked.

When she pushed it open, her eyes fell on her naked brother in law having sexual intercourse with the victim. She made am alarm, locked the door and rushed to Kirombe police post.
The Juvenile offender was consequently arrested and in his statement, he confessed to the heinous crime.

18 year old Asafu Mutumba, also pleaded guilty to defiling, impregnating and infecting a 15 year old mentally ill girl with HIV/AIDS.Mutumba who committed the crime at the age of 17, said that they were in love and had had sexual intercourse several times.

According to the indictment, between March and July 2015, Mutumba, a resident of Senyondo village in Bugiri district befriended the victim who was by then under the care of her elder sister Judith Kabenge.

"During that time, he would take the victim to his house and perform sexual intercourse with her. In July, Kabenge who suspected the victim to be pregnant took her to the health center for check and the report was in the affirmative," Nakafeero told court.

She said that when the victim was asked about the father of the unborn child, she mentioned Mutumba. The case was reported to police and the offender was arrested.Aggravated defilement under the children's Act, attracts a maximum sentence of three years and during sentencing, the judge must take into account the period spent on remand by the juvenile offenders.

For Mutumba's case, the state want him transferred to an adult prison since he has reached the age of consent. Murangira adjourned the cases to September 27, for sentencing.

Calls to the Judiciary's Public Relations Officer, Erias Kisawuzi went unanswered; however, a source who preferred anonymity told New Vision that Juveniles are tried in open courts because laws that explicitly provide for the management of their offences have not yet been passed.He said that the few laws that are available only provide for the protection of their identity before the media.

Currently the judiciary is discussing amendments to some sections of the Magistrates Court Act (MCA) and Trial on Indictment Act (TIA) in regards to admission of child evidence in court. The contentious sections are section 101 (3) of the MCA and subsection 4 of the TIA

According to the five member team of justices instituted last year under the directive of the Chief Justice, demand by the sections to have children's evidence in court corroborated is discriminatory, against the constitution and fetters judicial discretion in that court must look for corroboration even if the judicial officer strongly believed the child's evidence to be truthful.

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