Mombasa man, 21, jailed for 10 years for raping a mentally ill woman without penetration

 

A 21-year-old Dickson Joshua was sentenced to 10 years in jail by a court in Shanzu, Mombasa County after it was found that he had raped a mentally ill woman.

In his ruling, Shanzu Principal Magistrate Yusuf Shikanda said that Dickson Joshua's attack on a defenceless, mentally ill lady was horrible.

"In light of the aforementioned, I conclude that the judge's decision against the accused has been established beyond a possible doubt. As a result, I now declare the alleged perpetrator guilty, and as the evidence is sufficient, the accused person is found guilty of rape in violation of sections 3(1)(a) and (b) of the S£xual Offences Act as it is interpreted in section 3(3) after having found the defendant guilty of the primary offence of rape," he stated.

"I was able to see that the accuser had some mental impairment throughout the case hearing. She moved more slowly than most people her age. The complainant, however, was able to articulate herself as best she could.

"The complainant's proof was that the accused individual had treated her badly. 

The magistrate said, "She did not specifically claim that the defendant placed his manhood into her g£nitals, but she did display the immoral act by twisting her body."

The court did notice that Dr Gabriel Mungola admitted that there was an attempt to enter the g*nitalia, even though there was no penetration, and that he relied on the testimony of abrasions on the fourchette.

Shikanda also said, "The doctor's testimony suggests that there was something in the petitioner's g£nitalia, but it didn't break the hymen."

In his decision, the judge noted that the complainant had again touched her g£nitalia and said that she felt pain there whenever she was treated badly.

"The accused raped her by taking full advantage of her weakness. This kind of violation has to be discouraged since the case involved the offence is egregious," he said.

The suspect was found guilty of rape based on section 3(1)(a) of the S£xual Offences Act and section 3(3).

"That on November 6, 2019, in Mgongeni Area in Kisauni Sub-county within Mombasa County, the alleged offender intentionally and illegally forced his p£nis to enter MN's v@gina," the details of the crime read.