I thought she was 18

Judge Mallet; Hammer
Judge Mallet; Hammer

A 24-YEAR-OLD man has told a Livingstone magistrate’s court that he defiled a 15-year-old because he thought she was 18 years old.
Kenneth Masheka, of unmarked house number in Dambwa North township is charged with defilement.
It is alleged that on unknown dates but in May this year in Livingstone, he had unlawful carnal knowledge of a girl under the age of 16.
When the matter came up for plea magistrate Michael Mulalelo explained to Masheka that if he reasonably believed that the girl was above 16 years he could use that as part of his defence in court.
Masheka told the court that it was true he had sex with the girl because he believed she was old.
“Your worship, I have understood the charge and I admit it, I had sex with her. There is no way I can deny this charge,” he said.
“I only had sex with the girl because she had told me that she was born in 1997, and when I calculated the age I found that she was 18 years old. I did not find anything wrong in having sex with her,” he said.
Mr Mulalelo said he would record a plea of not guilty to the charge and that the case would go into trial.
He adjourned the matter to Thursday next week for trial.