By: Audrey Raymonda John
Justice Santigie Ibrahim Sorie Bangura J, presiding over the Criminal Sessions of the High Court in Kono, has sentenced Santigie Sesay to fifteen years’ imprisonment at the male correctional facility in Kono District. The conviction was for sexual penetration of a child, contrary to Section 19 of the Sexual Offences Act 2012 (Act No. 12 of 2012), as repealed and replaced by Section 4(a)(iii) of the Sexual Offences (Amendment) Act 2019 (Act No. 8 of 2019).
According to the particulars of the offence, on a date unknown in October 2024, in Kono District, Eastern Province of Sierra Leone, the convict engaged in sexual penetration with a girl under the age of eighteen, specifically seventeen years old.
When the charge was read and explained, the convict initially pleaded guilty.
State Prosecutor Charles Foday Sesay Esq. noted that the law under which the convict was charged prescribes a minimum sentence of fifteen years and a maximum of life imprisonment.
Defense Counsel Alpha Osman Kamara Esq. pleaded for leniency, arguing that the convict was a first-time offender, remorseful, and deserving of an opportunity to reform. He urged the court to temper justice with mercy by imposing the minimum sentence.
Justice Bangura recounted that the matter commenced after a preliminary investigation at the Magistrate Court in Koidu City, which ruled that the accused had a case to answer. The committal warrant was tendered as “Exhibit G.”
Initially, the defendant pleaded not guilty, placing the burden of proof on the prosecution. Justice Bangura referenced Woolmington v. DPP (1935) AC 462, affirming that the prosecution must prove guilt beyond reasonable doubt.
The prosecution presented four witnesses, including the victim, her father, a police investigator, and a medical practitioner. Their testimonies, alongside documentary evidence, established that the victim was seventeen years old and had engaged in sexual intercourse with the defendant. The medical report confirmed the victim’s hymen was ruptured, consistent with penetration.
The victim testified that she was in a consensual relationship with the defendant, but Justice Bangura emphasized that consent is legally irrelevant in cases involving minors under eighteen. He cited precedents such as R v. G (2006) EWCA Crim 821 and Attorney-General’s Reference (No.29 of 2008), which affirm that consent cannot absolve liability in child sexual offences.
Justice Bangura concluded that the prosecution had discharged its burden of proof beyond reasonable doubt. He found the defendant guilty as charged and sentenced him to fifteen years’ imprisonment at the Kono male correctional facility.