A 24-YEAR-OLD man, who was facing one count of defilement, has been acquitted by the Chingola Magistrate’s Court after the victim testified that she was of age and the offender was her boyfriend.
The 17-year-old ‘victim’ told the court that she was above 16 years and had consensual sex with the accused because he was her boyfriend.
This is in a case where David Chomba, of no fixed abode, but of Lulamba in Chingola, was alleged to have had unlawful carnal knowledge of a girl below 16, contrary to the Laws of Zambia.
During trial, the victim told the court that the accused was her boyfriend and did not force himself on her.
“Your honour, I’m 17 years old and the offender is my boyfriend. We spent a night together at his friend’s place and we had sex. The following morning I failed to go home because I was scared of my mother.
“When I went home and told my mother that I slept at my boyfriend’s place, she went to report to police,” the girl said in court.
Particulars of the offence are that on May 18, 2015, in Chingola, Chomba had unlawful carnal knowledge of a girl below 16 years.
Delivering judgment, magistrate Shadreck Chanda acquitted Chomba because the girl is above 16 years.
“Age is the most essential ingredient in defilement cases. Three prosecution witnesses testified before this court and proved that the victim is 17 years old.
“And Evidence was echoed by the girl’s mother who said her daughter is 17 years old. I therefore find him with no case to answer and set him at liberty,” Mr Chanda said.