In a case that has surprised Judge Emelia Sunkutu, the Mansa High Court has sentenced a 42-year old businesswoman of Chifunabuli to 18 years imprisonment with hard labour for defiling a 14-year old boy.
The Judge said she finds the defiling case surprising because the offender was a woman who in naturally has an obligation of protecting the child.
“Most of the time, women protect children as it is in their instinct to protect them from any harm but in your case, you acted shamefully,” Judge Sunkutu said.
Appearing before the Ndola High Court Judge was Doreen Kaunda of Bombawa-Menshi Village in Chief Mwewa’s Chiefdom in Chifunabuli District.
Doreen Kaunda was charged with defilement contrary to Section 138 (1) of the Penal Code Cap 87 of the Laws of Zambia as amended.
Particulars of the offence were that Kaunda on September 25, 2018, in Chifunabuli District had unlawful carnal knowledge of a child under the age of 16.
Facts before the Court were that on a fateful day, the boy who was in grade 4 at the time knocked off from school and as he was changing his uniform, Kaunda who is also her guardian forced herself on him.
In mitigation Kaunda, through her Legal Aid Lawyer, Kasenga Chisala pleaded with the court to exercise maximum leniency as she was a first offender who was remorseful for her actions.
In sentencing, Judge Sunkutu said she put into consideration the mitigation given through the Legal Aid Lawyer that she was the first offender and remorseful who deserved some leniency.
The Judge, however, said the offence is very serious and carries a minimum mandatory sentence of 15 years.
She said the case records show that the reason Kaunda gave for forcing herself on the boy was that her husband did not satisfy her in bed, which she said was not right as she could have sought other ways of solving her problems.
Judge Sunkutu also stated that children should be left to grow in peace and not be deprived of their innocence by having sexual intercourse at the time that is not right.
“No amount of sexual frustration or satisfaction should cause anyone to force himself or herself on a child and the act is disgusting whether it is performed by either a man or woman,” the judge said.
She said as a first offender, Kaunda deserved some leniency but she found an aggravating fact in the matter as she was the guardian of the boy who was defiled and that she broke his trust by her actions.
She disclosed that the court will not give her a mandatory minimum sentence and sentenced her to 18 years imprisonment with hard labour from the time of arrest on September 25, 2018.
Judge Sunkutu told Kunda that she had the right of appeal against the conviction and sentence