By Adia Jildo
The sexual assault trial of three young lads accused of rapping a 13-year-old girl on 17 Feb, 2022 at 2:00 have been implicated to 5 years’ reformatory for a gang-rape, Juvenile High Court Judge ruled yesterday.
Francis Amum Awin Ayoker, the Juvenile High Court Judge said in a ruling that the three should be implicated them to 5 years in reformatory starting from their date of assault on the 17th February, 2022 according to section 247 Penal Code 2008.
“Juvenile offender (D) is to be sent to the reformatory school establishment to spend 5 years on necessary education, repair his attitude towards women and girls, rehabilitate and integrate him in the society where gender equality is observed starting from the date of his remand on 17th February 2022,” the judge said.
Similarly, Mr. Amum said that in accordance to section 247 Penal Code 2008, the juvenile offender (L) is also to be sent to the reformatory school establishment to spend 5 years on necessary education, repair his attitude towards women and girls, rehabilitate and integrate him in the society where gender equality is observed starting from the date of his remand on 17th February 2022.
Again, the judge said that juvenile (P) is to be sent to the reformatory school establishment to spend 5 years on necessary education, repair his attitude towards women and girls, rehabilitate and integrate him in the society where gender equality is observed starting from the date of his remand on 17th February 2022.
Conferring to the incident, the juvenile offenders are neighbors and residing just opposite the victim’s resident at Hai Jalaba.
The judge said that the young girl returned from school and on entering the gate, she found the first juvenile (D) aged was standing at the gate, he took advantage of her by threatening and performing an affair with her before calling his other two colleagues (L and P) aged 15 to 17 respectively who also ravished her.
Wholesomely, while performing their business, a witness who was around took photos at the offender (L and P) without any notice, which were later shown to the guardant of the young girl. The photos where later exhibited at the court.
In spite of the case, judge Amum said that whoever has sexual intercourse or carnal intercourse with another person, against his or her will or without his or her consent, commits the offence of rape, and upon conviction, shall be sentenced to imprisonment for a term not exceeding fourteen years and may also be liable to a fine according to section 247 Penal Code 2008.
Furthermore, Amum stated that A consent given by a man or woman below the age of eighteen years shall not be deemed to be consent within the meaning of subsection (1), above.
Besides, the judge said that sexual intercourse by a married couple is not rape, within the meaning of this section read together with section 48 penal acts 2008. Acts committed by several persons in furtherance of common intention. It read: when a criminal act is committed by more than one person in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were committed by him or her alone.
The court articulated the guardian of juvenile offenders in conflict with the law’s juvenile offenders (D, L, P) are to jointly pay an amount of 2,200,000 South Sudan to the survivor guardian as reparation by means of civil proceedings.