An HIV positive man has been sentenced to an effective 13years in prison for sexually assaulting a12-year-old girl.
The Magistrate’s Court in Nkhotakota district ordered a 52 year old man to be caged after he pleaded guilty to the case of defilement.
Nkhunga Police Station Public Relations Officer Sergeant Labani Makalani said the convict, Master Matiki, who hails from Kawamba village still in Traditional Authority Kanyenda in Nkhotakota district was nabbed on 5th August 2012.
The court observed that although the convict did not waste the court’s time by voluntarily pleading guilty, the convict still deserved a stiffer penalty as he might have infected the girl with HIV.
Defilement attracts a maximum penalty of life imprisonment or death under Malawi laws.
First Grade Magistrate Fred Juma Chilowetsa noted that courts in the country are overwhelmed with the number of young girls who are being sexually assaulted daily.
He said that it is sad to note that most perpetrators were elders who were supposed to protect the girls from such forms of abuses.
Police Prosecutor Inspector Wills Asibu of Nkhunga Police Station told the court that the convict defiled the victim (name with held) of Kachitete village at Chamulandu village in the area of T/A Kanyenda in Nkhotakota district after coaxing her with MK55.
In mitigation Matiki stunned the court when he pleaded for lenient sentence because he was HIV positive adding that he was in a love affair with the minor.
But Magistrate Chilowetsa disregarded the mitigation and slapped Matiki with 13 years imprisonment with hard labour hoping this would be a deterrent to would be offenders.