Hara v. The People

The Defendant, Hara, broke into the house of a twelve-year-old girl, forced her down and raped her. He pleaded guilty to defilement, a crime with the sentence of fifteen years to life imprisonment, and was sentenced to thirty years imprisonment with hard labor. Hara appealed the sentence on the grounds that (1) thirty years was too severe absent any aggravating circumstances (i.e. the victim did not sustain any physical injuries, become infected with a sexually transmitted disease or become pregnant) and (2) the lower court did not take into account mitigating circumstances (i.e. the defendant was a first time offender who readily plead guilty). Reasoning that “young girls are no longer safe even in their homes”, the Supreme Court rejected the Hara’s arguments that the absence of factors, such as physical injuries and pregnancy, should reduce his sentence. The Supreme Court further held that the lower court properly considered the Hara’s status as a first time offender, and therefore, the Supreme Court upheld his thirty-year sentence.

Topics

• Sexual violence and rape
• Statutory rape or defilement

Geographical location

• Africa
• Zambia

Keywords

• life imprisonment
• sentencing
• hard labor
• aggravating circumstances

Year

• 2014

External URL

• Hara v. The People

Court

• Supreme Court for Zambia

Type

• Domestic Case Law

Jurisdiction

• Zambia