MHRC wants parents of defiled girl penalised for negligence

“How do you chase a 6 year old girl out of the house at night? What kind of parents do that and why would they do that?”

These and many more , are the questions Malawi Human Rights Commission (MHRC) are asking and wants parents of a six year old girl who was chased out of the house at night and ended up being offered a place to sleep by a neighbour who repeatedly defiled her.

Habiba Osman: All children must be protected

Executive Secretary for Malawi Human Rights Commission Habiba Osman said it is shocking and disgusting that parents can put their child at such a risk and expose her to great danger.

“Yes, the court has jailed the defiled but the child will live with the trauma for the rest of her life and we are here celebrating the longevity of the sentence but in that euphoria we forget the psychological harm this poor little girl will have to go through.

“This heinous crime could have been avoided if the parents were responsible and protected the child. No matter what she did, she could not have been chased out of her house. This was not only cruel it was criminal negligence and we think they should be liable for a criminal liability,” said Osman.

Osman who is a human rights lawyer, women and children rights defender and social justice advocate said MHRC will study the case and decide on the way forward on the matter.

She said:” All children must be protected and those who fail to do so must be taken to task and if need be face the law.”

‘Criminal negligence’

Osman said in most cases of defilement children are exposed to harm by mostly by those who are supposed to protect them through negligence.

“Securing conviction for rapists or difilers isn’t enough and shouldn’t be celebrating that, what we need to be celebrating is the safety of our children zero cases. Children must not even be defiled in the first place,” said Osman.

Lilongwe Senior Resident court has ordered a 25-year-old man, Identified as Beston Chikapita on June 11, 2021 to spend the next 21 years in jail for defiling a 6 year old girl Which is contrary to section 138(1) of the penal code.

The court heard through Kawale Police Prosecutors Sub Inspector Goodwin Binali and Sub Inspector Roxy Nsaka that both victim and accused stay in the same compound, on the evening of June 30, 2020 the victim was chased by her parents and the convict invited the young girl to sleep in his house.

During the same night the accused enticed the young girl and defiled her.

The girl revealed the issue to her parents who reported to Kawale Police ,where medical report form was issued and Kamuzu Central Hospital confirmed that penetration took place.

Appearing in court , the accused denied the charge levelled against him which prompted the state to parade five witnesses who proved the case beyond reasonable doubt.

Nsaka pleaded with the court for a stiffer punishment citing that such cases are on the rise .

Passing judgement, Senior Resident Magistrate Shyreen Yona Chirwa concurred with the state and sentenced him 21 years imprisonment with hard labour ( IHL) to serve as a lesson to him and other would be offenders.

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