By: Hafsatu Z Bangura
Thirty-seven (37) year-old fisherman Thamiu Kamara, was on Monday 6th March 2023, sentenced to 15 years imprisonment by Justice Alhaji Momoh Jah Stevens presiding at the Sexual Offense Model Court for raping a 70 years old woman.
The convict was before the court on one count of rape contrary to Section 6 of the Sexual Offense No. 2012 of 2012 as repealed and replaced by Section 2 of the Sexual Offense Amendment Act No.8 of 2019.
State prosecutor Janneh P. Kamara, alleged that the convict on the 15th June 2022 in Freetown, raped a 70 year-old woman without her consent.
Before the convict was sentenced, Detective Sergeant 11196 Mohamed Musa attached to Family Support Unit Aberdeen police station, reaffirmed that he recognized the accused and recalled on the date in question.
He said on that particular day at around 3:00 MP, he was on duty at the said station when the victim and some neighbors arrested and brought the accused to the station and made a report of rape against the accused.
He further told the Court that the matter was allocated to him for further investigations and he later obtained statement from the victim and witnesses.
The investigator said on the same day, he issued a police medical request form to the victim for treatment at the Aberdeen Women Centre. He added that the victim later returned to the station with the endorsed medical form which was tendered in court as exhibit.
He continued that on the same day, himself together with the victim, the accused and Detective Sergeant 1396 Sesay S. visited the scene of crime and photos were taken at the alleged scene but nothing of police interest was found.
The witness informed the court that on the 16th June 2022, he obtained statement from the accused where he made a confessional statement.
While reading his confessional statement in court, the witness said the accused told him that he stays at the same address with the victim as his neighbor.
He added that the accused further told him that he frequently asked the victim for sexual intercourse especially when victim is drunk adding that, the allegation against him is true.
After testifying, the accused without a Lawyer representing him, said he had no questions for the witness.
However, the prosecution closed their case, where she said they called one witness who testified in respect of the matter and exhibits were tendered in court to form part of the evidence.
In his judgment, Justice Stevens said it was the burden of the prosecution to prove its case beyond all reasonable doubt. He noted that the prosecution must prove four elements beyond all reasonable doubt.
He reiterated that the prosecution must prove that indeed the accused engaged in an act of Rape. He further that the prosecution must also prove that the accused had the intention at the time of the incident, and that he must have engaged in an unlawful act with the victim.
Justice Stevens said the accused earlier made a confessional statement to the police when he was arrested and therefore convicted him for the offense of rape. The convict pleaded for mercy.
Meanwhile, Justice Stevens said since convict did not waste the court’s time by answering to the offense and the convict is between 37 years, he therefore sentenced him to 15 years imprisonment because the person he raped is an aged woman and he molested her.
