The Oshakati High Court has acquitted a man, accused of raping his 11-year-old daughter multiple times, despite the victim’s mother claiming to have witnessed the sexual violation of the minor.
The man, whose name cannot be revealed to protect the identity of the minor victim, was acquitted on three counts of rape.
The alleged rape incidents occurred on 13, 14 and 15 June 2020 at the family home in Ombaalume village in the Outapi district.
In his ruling, Judge Eduard Kesslau said the victim’s testimony was not satisfactory, and there were contradictions in the two statements she provided to the police.
“In oral evidence, she [the victim] was vague whenever detail was required and alternated between the two versions. The medical report did not support the version of charges put to the accused, whilst supporting evidence from her mother and uncle were unsatisfactory and possibly biased,” said Kesslau.
He said he could not ignore the obvious contradictions between the evidence of the victim and the medical report.
According to the medical report, despite the hymen being absent, there were no injuries observed on the genitalia of the victim.
The report further states if rape occurred consecutively on 13, 14 and 15 June 2020, the likelihood of vaginal injuries was high.
Thus, in the absence of injuries and hymen, the conclusion was that there was frequent sexual intercourse with a willing partner, and some time had passed since the act, which allowed the body to heal.
Kesslau noted that despite the third count of rape being supported by the victim’s mother, her oral evidence was different from her written statement.
The victim’s mother testified that on 15 June 2020, she woke up and left their shared bedroom with the accused to make tea.
On her way, she woke the victim to assist with the younger child, after which she proceeded to the kitchen.
She then made a fire, and while putting on the pot, she noticed that the bedroom light of one of the rooms was on. So, she returned to their bedroom to get the key to that room.
She said, when she entered their bedroom, she switched the light on and saw the accused positioned on top of the victim whilst covered with a blanket.
She asked the victim why she “is lying like that”, and pulled the blanket off them. She then saw that the trouser of the accused was on his knees and he busy raping their daughter.
She asked the accused, “What are you doing to the child?”
He then got off and got dressed.
The accused thereafter apologised by saying he would not do it again, the mother testified. She then reported the matter to her father, who then questioned the accused.
The accused allegedly admitted to the allegations, and a case was opened.
When the police questioned the victim, she allegedly informed them that the sexual act happened on three separate occasions.
– mamakali@nepc.com.na