MULENGA MUSONDA writes

@SunZambian

A 20- YEAR-OLD girl has told the Choma Magistrates Court how her biological uncle raped her in his bedroom when her aunt was out of town.

Appearing before Principal Resident Magistrate Exnobert Zulu was Gershom Nawa, 34, of Choma’s Macha Road Township who is charged with rape.

Particulars of the offence are that Nawa on October 8 had carnal knowledge of his niece without her consent.

When the matter came up for trial, the victim narrated that after she finished cleaning her uncle’s shoes he insisted that she follows him to his bedroom.

“He asked me to follow him to the bedroom, I told him that I was preparing breakfast but he insisted. The moment I entered, he closed the door, pulled down window curtains and he asked me to sit on the bed.

“He asked me how old I was and I said 20 years, he moved closer and started fondling my breasts as he removed his trousers and asked me to undress to which I obeyed,” she said.

She said Nawa then asked her to sleep on the bed and at that time he had already put on a condom, and came right on top of her and started having sex.

When Public Prosecutor Coillard Sikwalulwa asked her how she felt, she said she felt bad but could not do anything about it.

Cross examination by Defence Counsel Melissa Tatila from Legal Aid Board

Tatila: Is it true you are 20 years old?

Victim:Yes

Tatila:  And you know what is right and wrong:

Victim: Yes

Tatila: No one would force you to do anything you don’t want?

Victim: No

Tatila:  And you willingly wanted to have sex with your uncle?

Victim: No

Tatila: But you willingly undressed and nicely lay on the bed according to your testimony, is that not willingness?

Victim: I was refusing

Tatila:This was not the first time you indulged yourself in sex right?

Victim: Yes

Tatila: And the way you had sex is the way you had it with him right?

Victim:Yes

Tatila: Did he hold a knife to your throat?

Victim: No

Tatila: And they were people around?

Victim: Yes

Tatila: You did not scream?

Victim: No

Tatila: Everything at the Hospital was ok?

Victim: Yes

Tatila: That means there was no forced penetration?

Victim: I was told I removed all the evidence after I bathed.

Tatila:  The reason you reported is because you thought one of your aunties had seen you?

Victim:I just wanted to tell her.

Tatila: You only felt bad because you slept with your uncle?

Victim: Yes

Tatila: And the sex was consensual?

Victim: No

However the second State witness could not testify after the court felt that Nawa had been wrongly charged with rape instead of incest. The matter comes up on 1 November  14 for ruling of the Charge.

Nawa was remanded in custody.

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