A self-confessed HIV-positive Malawian man, has been sentenced to 10 years in jail for forcing a 12-year-old girl to have sex with him.
The Mzimba First Grade Magistrate on Thursday found guilty a 40 year-old Jacob Munthali of Chendausiku village in the area of traditional authority Chindi in Mzimba district for sexually assaulting the girl.
Police prosecutor Henry Mkweche told the court that the convict, despite being aware of his HIV positive status repeatedly defiled the step daughter (name withheld).
According to Mkweche, the convict’s wife passed aware in October last year soon after giving birth to triplets.
The convict therefore married a second wife who would help look after the triplets.
”This wife brought with her a 12 year old daughter from her previous marriage who later got defiled repeatedly by the suspect,” said Mkweche.
Mkweche told the court that the recent incident of defilement happened in February 2013. Tired of this inhuman acts, the daughter reported the matter to her grand mother who later informed Village headman Chendausiku.
The village headman informed members of the community policing who brought the suspect to Euthini police post on 5 March.
In court the suspect pleading guilty to the charge of defilement contrary to section 138 of the penal code.
Passing sentence First Grade Magistrate George Longwe described the suspect’s acts as inhuman and deserved a stiffer punishment.
Said magistrate Longwe: ”It’s in human to sleep with both the mother and daughter without using a protection and yet the suspect knew he was on life prolonging anti-retroviral drugs.”
The magistrate quashed the suspect’s mitigation that he was on ARVs, saying having un protected sex with a 12 year old step daughter was far much worse than sentencing him to serve 10 years jail term with hard labour.
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