A defence lawyer has asked Lusaka Magistrate Aridah Chulu to acquit a Juvenile who had unlawful carnal knowledge with a girl under the age of 16 and instead suggested that the accused should be used as a good will ambassador to teach other juveniles and other would be defilers good morals.
The lawyer said this after the prosecution proved beyond reasonable doubt that the juvenile committed the offence.
The lawyer told the court that the boy was desirous to go back to school and that he was working as a bus conductor because he had no sponsors for his education.
She added that sending the boy to prison would not yield any positive results but the only solution was for the boy to undergo counseling.
The lawyer said looking at the manner the offence was committed; the girl whom the accused had sexual intercourse with was old enough to engage herself into sexual activities.
In her ruling Magistrate Chulu said it was not in dispute that the boy had sexual intercourse with the girl and that it was also not in dispute that boy was under the age of 16.
She said it was also true that the girl was not forced to have sexual intercourse with the boy because she left her parents’ home to join the boy at his house for a period of four days.
Magistrate Chulu said if the girl never wanted to have sexual intercourse, she could have gone back to her parents’ home but she stayed in the boy’s house which shows that she was interested.
She said even though the situation read that the girl was interested, that did not give the boy the audacity to take advantage of the girl by detaining her to his house.
In his defence, the boy admitted that he had sexual intercourse with the girl because the two had an affair.
He said he had asked the girl to go back to her parents’ house but she refused and this prompted him to take advantage of her.
But the girl told the court that the boy forced her to go with him at his house where he even forced her to have sexual intercourse with him.
She told the court that she wanted to return to her parents’ home but the boyfriend would never let her go.
The girl also denied having an affair with the boy and told the court that they were only friends.
The matter comes up on August 1 for facts.