A police officer of Luanshya has walked to freedom today after the Ndola High Court acquitted him of rape charges laid against him.
This follows the High Court’s ruling that the sex was consensual.
Mr Dominic Miyoba, 52, was accused of raping a 20-year-old woman at the police inquires desk.
He was further charged with abuse of authority of office.
Facts are that Mr Miyoba, on March 22, 2020, willfully and unlawfully had carnal knowledge of a 20-year-old woman without her consent.
In the second count, Mr Miyoba, being a person employed by the Ministry of Home Affairs as a police officer, was accused of abusing his office.
He pleaded not guilty to the first count.
However, the Luanshya Magistrate’s Court found him guilty while the second count was withdrawn by the State.
It was heard at trial that Mr Miyoba was found having sex with the woman by another police officer but the police officer denied.
However, the woman told court that Mr Miyoba forced her to have sex with him and threatened to beat her if she refused.
The matter came up for sentencing before Ndola High Court Judge Mary Mulanda who established that Mr Miyoba had carnal knowledge with the woman at the inquiries office but it was consensual.
“I am of the view that she appreciated the nature of the act she was doing. On the totality of evidence, I find that lack of consent was not proved by the prosecution. In the circumstances, I am not satisfied that the State have proved the case beyond reasonable doubt. I therefore acquit and quash the conviction of rape,” Judge Mulanda ruled and set the police Officer free.