February 19, 2021
By Ibrahim Kabba Turay
Frederick Davies, who happens to be the stepfather of a 15 years old sexual penetration victim was on Wednesday, 17th February, 2021, convicted and sentenced to fifteen years imprisonment for abusing the girl.
The convict was standing trial in the High Court presided over by Justice Momoh Jah Stevens on a one count charge of sexual penetration of a child contrary to Section 19 of the Sexual Offences Act of 2012.
The State Prosecutor, Jane B Kamara, had alleged that the accused on 1st October, 2020, at the Laka Goderich Western Area, sexually penetrated the victim contrary to law.
In his judgment, Justice Momoh Jah Stevens (JA) said the accused was standing trial before his court on one count charge of sexual penetration.
He said it was the burden of the prosecution to prove its case beyond all reasonable doubt, noting that the prosecution must prove four elements beyond all reasonable doubt.
He reiterated that the prosecution must prove that indeed the accused engaged in an act of sexual penetration with a child, and that it must also prove that at the time of the offence the victim was under the age of 18 years.
He further that the prosecution must also prove that the accused had the intention at the time of the incident, and that he must have engaged in an unlawful act with a child to wit sexual penetration.
He said the prosecution called four witnesses to present its case and that the victim in the matter was nowhere to be found to testify on the matter, but police officers and one medical Doctor, Ola Bissy Cole, who examined the victim, testified in the matter.
He said in her testimony, Doctor Cole told the court that the hymen around the victim’s virgina was ruptured and that such rupture could be caused by sexual penetration or bike riding.
He said Doctor Cole had further told the court that she could not tell as to when the victim’s hymen was ruptured.
He said in the victim’s statement to the police, she narrated that she was a stepdaughter to the accused person and that she was 15 years of age.
Justice Stevens said the victim further narrated that the accused was her mother’s fiancé and that on the day of the crime, her mother told her that the accused want to see her and that she went to see the accused at his residence.
He said the victim had told the police that, when she arrived at the accused’s residence, he advised her to stay away from boyfriend because her mother was doing everything to take care of her(the accused).
The judge said the victim had told the police that the accused latter asked her to remove her pant and thereafter penetrated his finger into her virgina and warned her not to tell anyone about it.
He said the victim said at one time he was passing bye when the she asked the victim that she wanted to eat, and that he offered her a cup of tea and bread and took her inside his house and penetrated her.
The victim in her statement said few months passed, but she couldn’t see her menstrual circle.
He said the victim informed her friend about the issue because she was afraid to discuss that with her mother.
She said her mother later noticed her condition and took her to the hospital and later confirmed that she was pregnant.
Justice Stevens said the accused had denied the allegations and he relied on the statement he made to the police.
Justice Stevens said having examined the evidence, he established that all that the accused told the police was nothing but a lie to cover-up his bad deed.
He said the prosecution had proven its case beyond all reasonable doubt against the convict.