Man convicted for defiling daughter
On Tuesday, the 27th of May, 2025, AB was found guilty of Incest contrary to Section 159(1) of the Penal Code by Resident Magistrate Honourable C. Hampungani.
Due to the provisions of the Children’s Code Act, the name of the Convicted person has not been divulged as doing so would lead to the identity of the child victim being known, which is against the law.
Sometime in April 2023, the child victim, aged only 12 years old at the time, was at home with her siblings when the Convict arrived and sent her siblings away to a nearby shop to buy snacks. This left the Convict and the child victim alone in the house, thereby according him the opportunity to have sexual intercourse with his biological daughter. After the ordeal, the child victim noted that she had a slippery substance coming out of her genital area and informed her mother of what had transpired, but her mother did not act on this information.
Three months later, the child victim noted that her monthly menstrual cycle had ceased, she then informed her mother about what had transpired once more. This caused hysteria from the mother, who was incensed by this information and caused a commotion as she confronted the Convict over the allegation. This confrontation was witnessed by the neighbours, who quickly went to report the matter to Chelstone Police Station. Upon the conclusion of the Police investigations, the Convict was charged with the offence of Incest.
When the matter came up for plea before Honourable Hampungani, the Convict pleaded not guilty and the matter went into trial, with five prosecution witnesses called. During the trial, the Court heard from the child victim how she informed her mother about the incidents when they happened but that she did nothing. The child victim further testified that when she went to the hospital with her mother, the mother got the documents intended for court and burnt them at home in order to protect her husband, the Convict. However, the cause of justice could not be perverted, the police working together with medical staff at the University Teaching Hospital were able to find copies of the burnt records.
At the conclusion of the prosecution’s case, handled by State Advocate Milambo Sinyangwe, the Court found the Convict with a case to answer and placed him on his defence.
In his defence, the Convict presented a bare denial to the claim, stating that on the day he was arrested, he just saw two officers who randomly apprehended him. He alleged that is was only after getting to the Police that he was told that he was suspected of defiling his daughter and impregnating her.
After weighing the totality of the evidence presented during the trial and at defence, the Court found that the prosecution had proved its case beyond reasonable doubt and found him guilty as charged. The matter has since been referred to the High Court for sentencing.