DEFILED VICTIM BIG BODY SIZE SAVES SUSPECT FROM GOING TO JAIL
The body size of a defilement victim has saved an accused person from a jail sentence after the Choma Magistrates Court ruled that the girl looked older than 15 years.
Kilan Siamayanga, aged 25 of Mwapona Compound admitted having sex with the 15 year old girl twice using a condom, but says the girl told him she was above 18 years.
Siamayanga also says he could not have suspected the girl was under 16 because of her body size on that 13th day of March 2021 around 2200hrs.
He pleaded innocent earlier before Resident Magistrate Ethel Phiri.
However, the victim testified that the accused person dragged her into his house and had sex with her.
The father of the victim also produced an Under five card as evidence that the victim was 15 years old.
In her judgement, Magistrate Phiri said it was not a deputes that the accused person had sex with the 15 year old.
She, however, ruled that the accused person had reason to believe that the victim was older than 16 because her body is well built.
Magistrate Phiri has since acquitted the accused person on account of the victim’s body size.
Credit: Byta FM