A 21-year-old man has been convicted to 10 years in prison after he was found guilty of raping a mentally ill woman.
In his judgement, Shanzu principal magistrate Yusuf Shikanda said the act by Dickson Joshua against a mentally impaired innocent woman was heinous.
“In view of the foregoing, I find that the prosecution has proven its case against the accused person beyond a reasonable doubt”.
“Consequently, I hereby find the accused person guilty and as the glove fits, the accused person is convicted of the offence of Rape contrary to section 3(1)(a) and (b) as read in section 3(3) of the Sexual Offences Act,” he said.
During the hearing of the case, the magistrate said he noticed the complainant was mentally impaired to some extent.
“She was slower than average people of her age. However,she was able to express herself to the best of her ability”.
“The evidence of the complainant was that the accused person did bad things to her. She did not expressly state that the accused person inserted his penis into her vagina but demonstrated the act of sexual intercourse by moving her body,” the magistrate added.
A doctor’s statement indicated that there was an object inside the vagina of the complainant save that it did not break the hymen.
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Vulnerability
Further, the magistrate observed that the complainant touched the area around her genitalia and stated that she felt pain there when bad things were done to her.
“The accused person took advantage of her vulnerability and violated her”.
The accused person was charged with the offence of Rape contrary to section 3(1)(a) as read with 3(3) of the Sexual Offences Act.
The incident happened in June 2019 at Mgongeni area in Kisauni Sub-county within Mombasa County.
