Court News

Supreme Court upholds 15-year sentence on rapist

MUBANGA NONDO, Ndola
THE Supreme Court has upheld a 15-year prison term against a security guard for raping a 34-year-old Rwandan at Mayukwayukwa Refugee Camp in Kaoma.
Gilbert Banda was sentenced to 15 years imprisonment by the High Court but he appealed against his sentence.
According to the case record, the convict followed the victim to her office at the refugee camp and threatened to kill her if she screamed while he raped her.
In his appeal, Banda argued that the lower court erred in passing the sentence as it did not consider the state of mind of the victim at the time of the ordeal in order to establish whether or not she had consented to the act.
Handing down judgment last Thursday when the Supreme Court sat in Ndola, Justice Muyinda Wanki noted that there was no need to establish whether the victim consented to the sexual act.
Judge Wanki said evidence before court indicated that the victim was raped in her office by Banda and she called the security guard for help. And when the security guard responded to the distress, the convict fled and drove away in his car.
“The appellant went into the office of the victim, who was a head teacher at the refugee camp at the time, and raped her from there. He threatened her with death if she would scream. When she called the security guard [who was] manning the gate at the camp for help, the appellant sped off in his car.
From the foregoing, we uphold the sentence of 15 years slapped on the appellant by the lower court and this appeal, therefore, stands dismissed,” Justice Wanki said.

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