Father’s sexual assault on own daughter jailed 10 years

A First Grade Magistrate’s court in Malawi’s Eastern district of Balaka has sentenced a 42-year-old man to 10-years imprisonment with hard labour for defiling and impregnating his 14-year-old biological daughter.

Police Prosecutor Sergeant Hunter Masamba told the court that the suspect John Douglas between the months of June and August, this year, had been defiling his own biological daughter reaching to the extent of impregnating her which is contrary to section 138(1) of the Penal code.

The suspect pleaded guilty to the offence of defilement; a development that made the Police Prosecutor to submit facts of the case including tendering the medical report which was obtained at Balaka District Hospital that proved that the victim was 2 months old pregnant.

In his submission before sentence, Sergeant Masamba asked the court to consider giving the suspect a stiffer sentence saying that the case committed is serious and are becoming common in the country. justice

He wondered as to where the girl child will be safe if they are not safe in their own homes.

“The girl child is supposed to be protected from all forms of sexual exploitation and child abuse through any means as stipulated on Article 34 of the Convention on the Rights of Children. Giving the suspect a stiffer sentence will be a lesson to him and would be offenders hence protecting the girl child” said Masamba.

But in mitigation, Douglas asked the court not to give him a stiffer sentence saying that he has a family of seven to look after including the victim.

Passing judgement, First Grade Magistrate Damson Banda wondered as to what kind of a father Douglas is.

He also wondered as to where the girl child will be safe if they are not safe in their own house.

He therefore concurred with the state that the suspect needed to be given a stiffer sentence so that it should serve as a lesson to him and would be offenders.

John Douglas who has been in marriage with the victim’s mother for 15 years with 7 children comes from Saiwa village, Traditional Authority Nsamala in Balaka district.

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