A 30 year old man infected with HIV/AIDS is accused of defiling a 13 year old girl.
Geoffrey Masasi (30) a resident of Kisomole village in Rakai district is accused of defiling a thirteen year old girl and infecting her with HIV AIDS which is contrary to section 129(3) and (4)(a) of the Penal Code Act
Court presided over by Justice Kibuuka Musoke heard that on 19th-December-2010, while the victim’s grandmother was away, the accused person came to their home at around 7:00pm and defiled her. The suspect found her asleep.
Prosecution led by Mr. Peter Mugisha told court that the accused person was infected with HIV/AIDS and this was witnessed in court by Dr. Watuwa of Rakai hospital.
The state presented before court four witnesses including the victim. The minor testified that on the fateful night, the accused person did not leave their home.
He claimed that he was authorized by the victim’s grandmother to look after the house until her young brother whose names were withheld went to the neighbourhood to a one Kabwogi who came with police and the victim revealed what happened to her.
However, defense led by Mr. Lawrence Yawe asked court not to consider the evidence of the prosecution.
Yawe argued that during the doctor’s examination of the victim, he did not find any signs of sexual intercourse in the 24 hours he examined the victim.
The state asked court to rely on the evidence of the victim because she had showered after the incident before medical examination.
The ruling judge agreed with the state stating that in the Ugandan Constitution, touching someone without his or her consent is a sexual act and therefore adjourned the matter until 13th-January-2014 for ruling.