Prosecution to appeal release of man who defiled girl, 13

The office of the Director of Public Prosecutions will appeal a decision by a judge to acquit a man who was accused of defiling a 13-year-old girl in Kilifi.

Assistant DPP Vincent Monda said he was dissatisfied with the decision by Justice Said Chitembwe at the Court of Appeal in Malindi to free Mr Martin Charo, a local artiste.

Justice Chitembwe said the girl had behaved like an adult hence not finding the accused at fault.

“It is true that under the Sexual Offences Act, a child below 18 cannot give consent to sexual intercourse. However, where the child behaves like an adult and willingly sneaks into men’s houses for the purpose of having sex, the court ought to treat such a child as a grown up,” the judge ruled last week.

“The appellant was not expected to inquire from people about the age of the complainant, the relationship continued to the extent that age became a non-issue,” said the judge, adding it would be unfair to jail Mr Charo for 20 years yet the complainant enjoyed the relationship.

“The conduct of the complainant plays a fundamental role in a defilement case. Did the complainant report the defilement immediately, was there a threat to her life?” said the Justice.

The judge further said although the public may frown upon an adult who engages in sex with such a child, it should not be forgotten that circumstances have changed and young children now engage in sex at a very young age.