A man has been sentenced to 10 years in prison after forcefully having sex with a deaf and dumb woman who he claimed was his girlfriend.
Hussein Ababukar is to serve 10 years in prison after Shanzu senior Magistrate David Odhiambo said the prosecution had proved the case beyond reasonable doubt for the count of rape.
“In view of the foregoing l do hereby find that the prosecution has proved its case against the accused. l, therefore, find him guilty of the offence of rape and convict him to 10 years’ imprisonment,” Odhiambo ruled.
“I have considered both the defence and the complainant’s testimony to my court and it is the complainant’s case that the accused forcefully had sex with her, and they were not in a relationship,” he added.
Magistrate Odhiambo ruled in favor of the complainant arguing that she was vulnerable in that she couldn’t scream for help when she found herself in the hands of Mr. Ababukar.
“The complainant stated that the accused dragged her to his house and then covered her mouth and forcefully had sex with her. She was not able to scream and call for help since she is deaf and dumb. Her condition, therefore, made her vulnerable and helpless in the circumstances she found herself in the hands of the accused,” the magistrate noted.
Mr. Ababukar in his defence, claimed he was in a relationship with the complainant, which the magistrate disregarded as they were just neighbors and no romantic relationship had been established.
“I have further considered your defence where you stated that the complainant was your girlfriend. However, your defence is dislodged on the fact that the two knew each other although there was no relationship in existence,” Odhiambo said.
Mr. Ababukar was given 14 days to appeal his sentence.
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