Friday, March 29, 2024

13 year old put on a 24 month probation for defiling 15 year old girl in Itezhitezhi District

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Itezhi Tezhi magistrate Munalula Mubita placed a 13-year-old boy of Masasabi resettlement scheme in Itezhi tezhi district in central Province on a 24 month probation as he was convicted of defiling a 15-year-old girl of the same area.

Itezhi Tezhi magistrate Munalula Mubita placed the juvenile on 24 months’ probation and warned that if he commits any offence within this period, the court will have no option but send him to a juvenile prison in Katombora.

The juvenile who was accompanied by his father-a retired cooperatives officer, was ordered by magistrates to be reporting to the District Social welfare officer with effect from today.

The Juvenile who had been in detention in Itezhi tezhi Police cells together with adults told the court in mitigation that he was very sorry for what he did and that he wants to go back to school and asked for leniency.

In passing sentence, magistrate Mubita said he had taken note of the mitigation and the fact that the juvenile was a first offender but emphasized that the offence he committed was a serious one.

He then ordered that the juvenile to undergo counseling by the social welfare department for 24 months.

Magistrate Munalula Mubita warned the juvenile and asked him to desist from engaging in such illegal activities in future.

In this case, the 13 year old juvenile was in April this year arrested and charged for defiling an epileptic 15-year-old girl who is believed to be his cousin of the same area.

Particulars of the offence are that on 12 April 2013 around 15:00 hours in Masasabi in Itezhi tezhi district, the named juvenile aged 13 had unlawful carnal knowledge of a girl aged 15 years contrary to section 138 cap 87 as amended by Act 15 of 2005 of the laws of Zambia.

The 15 -year-old epileptic girl was allegedly defiled in her father’s maize field where the boy was working.

ZANIS

34 COMMENTS

    • Iwe Mo teim, what are you talking about exactly, does defiling exempt older victims? Please be fair, defilement is just that, doesnt matter age,Gender etc, you are the ones who disagree when more than one woman defile one man!

    • Actually no I think his point is that they are both below the age of consent. I am just as baffled by the decision, especially given the fact that the male is younger than the female here.

    • @cindy
      The 15yrs old girl defiled the poor 13yrs old boy.. he magistrate misdirected himself..
      And let me assure you,, the boy came out bruised and the girl didnot lose her vaginity!!!

    • Ndobo,
      It doesnt mean that those bruises could come about due to ****tration, i suspect he was trying the ****th then got bitten, Geeez these topics can lead you speak in tongues, feels kinder inappropriate to use actual words, anyway i still believe the boy matured faster, this generation, one wonders what the rush is all about!

    • @cindy
      no no no! girls grow up faster that boys,,, that 15yrs woman can `make` a baby,, the 13yrs old boy cant…and at 13, boys know sex as `ifya bupuba/va ubupuba` .. i know that because thats what i was taught at that age,,

      Besides,, there is No case here,, these kids were playing kabishe bishe,, hide and seek,,, experiementing,, you know

  1. Who defiled who here? The lady is older than the girl and normally girls learn these thing quicker than boys. The lady must have tempted the boy after she learning one or two moves from Sugar Daddies.

  2. Why say ‘epileptic girl’ when you do not specify whether the boy ‘defiled’ her when she was under an epileptic attack or not!

  3. Leave the kids alone. There’s no case here. Zambia is a nation full of i.di.ots. Embarrassing zooland!

  4. The girl is both underage and disabled is that not a crime in Zambian law.The boy is also underage,but a felony has taken place,i thought Zambia was more civilized than this.

  5. The judge had nothing to do. Definately the girl is the one who inticed the boy. A 15yr old girl this time is capable of sleeping with a 45 year old man with no complications. This case has to be revisited.

  6. The judge is guilty of disturbing the development of a young boy. I think the boy wanted to see if his pipe works. Nothing wrong with that I guess.
    The boy is not homosexual even. He is a good example of a Zambian young man.
    The means doesn’t matter provided ……………..

  7. There is no defilement here! Both should have been taken for counselling!
    The magistrate failed to reason and properly apply the law!
    If anyone was defiled the it was the boy.

  8. Which canal suez knowledge? The boy was caught in a puddle without a paddle. Mind how you go you sexeperts examining the canals of little girls for playing with their incapable little sniper playmates. This story is good for selling news as a consumable product but does little in highlighting the real problem in Zambia – Paedophilia. We used to have mouth sex as young children – wait a minute, it was only ocoustic!

  9. who was the complainant in this matter? If it was an adult then there was no malice nor injury to either party. Seriously , the magistrate should have thrown out
    the case. The guilty person here is the chap who put a juvenile in the same cell as
    aldults . He must be punished and the boy compansated. Government must learn to pay for its misdeeds.

  10. Law of nature versus law of men,do we still have the bush men animal instinct?The 15 yr old woman shud be sent to mukobeko maximum prison,reverse the verdict,the boy will grow up to be a serial womanizer thanx to her.

  11. Strange judgement. Children having sex is not unusual (but at 13 years the boy is still much younger and would still be admiited to a childrens ward)! The judge should have realised that both needed counseling instead of making the boy feel guilty when probably the girl who isolder could have initiated the sex!

  12. If the girl was interested she could have not reported.The boy could have taken advantege when the girl went into seisier.

  13. This case is a difficult one to determine. It is like the egg/chicken problem; it is not easy to say which came first. Two juveniles sleep with each other; the question is: who defiles the other? in this case the girl is even older than the boy.Normally the girl should have been arrested for defilement not vice versa. In fact, there is no defilement here.Defilement denotes making a thing or person dirty; in this relationship none is dirty to make another dirty. And I do not think there is a law taking care of this kind of behaviour by kids. The judge must have errored to determine this case.

    • The magistrate was right as the boy defiled his epileptic cousin when she went into an epileptic seizure while the boy was working in the field that belongs to the girls father.
      The boy actually needs serious counseling before he develops into a serious sexual predator.

  14. Penal code says a male child can be held accountable for a sexual offence…hence came the need for social welfare to mitigate on the grounds that he is a minor…zambian laws arw in conflict with each other

  15. Silly decision from a silly judge on a silly case that never should have made it into a court of law!

  16. i will said the judge is a careless and stupid man y shuld it be the boy did they ask the girl truely he raped her if so it will be when under attack they should not have that to that boy when i dont think the girl is even defiled by the boy what if she have be defile before by her boyfriend.

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