Chepkwony v. Republic

The appellant was convicted of defilement for having sexual intercourse with the complainant, who was 12 years old at the time.  The trial court sentenced him to life imprisonment.  He appealed, arguing that the prosecution did not satisfy its burden of proofs, that there was no evidence of violent force, that the complainant was his girlfriend, and that she consented.  The prosecution presented evidence of the complainant's physical injuries and the appellant's HIV-positive status.  The Court dismissed the appeal because sex with any girl younger than 16 years old is unlawful regardless of consent, and the appellant had not raised the defense that he had a reasonable belief that the girl was above the age of consent.  The Court rejected appellant's plea for special consideration because of his alleged HIV status.  Instead, the Court cited the appellant's decision to expose a 12-year-old child to HIV/AIDS in its decision to uphold the life sentence.



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