MWANZA: Two get life in prison for defilement

By Shija Felician, The Citizen Correspondent

Geita, Mwanza. 

Two people were yesterday sentenced to life imprisonment for defiling minors in separate incidents in Bukombe District, Geita Region. Revocatus Mihayo, 25, and Shija Marko, 18, were sentenced to spend their rest of their lives behind bars by Bukombe District Court's magistrate Ushindi Swalo.

The court earlier heard that Mihayo infected a four-year-old girl with HIV after defiling her in Msonga Village.

The government and activists applauded the sentences yesterday, saying perpetrators of such acts must face the full force of the law.

The prosecutor, Mr Zephania Mnisi, told the court that Mihayo was on December 21, 2011 caught red-handed defiling the little girl, and was immediately arrested.  A hospital report later showed that the minor had contracted HIV.

Marko was also found guilty of defiling another four-year-old girl in Lulembera Village.

“The child was passing alone near Marko’s farm. She was naked as many children usually are in villages. The accused grabbed her and defiled her,” Mr Mnisi told the court.

Both the accused pleaded guilty, and Mr Swalo sentenced them to life imprisonment.

Reacting to the judgment, Gender, Women and Children minister Sophia Simba said the two men deserved nothing short of the maximum punishment for the offence, adding that she hoped the sentences would serve as a deterrent to others.

She said the Sexual Offences Special Provisions Act enacted in 1998 was meant to protect women and children against such sexual predators.

“This is also the result of the good work the ministry and activists did to push for the enactment of the Sexual Offences Special Provisions Act, which criminalised rape and defilement.

“Rape and defilement were formerly treated as civil cases and the victims or their families were just paid money as compensation or, in the case of the rape of unmarried girls, men were forced to marry their victims. But the law changed all that and criminalised the offences,” Ms Simba said.

She added that there were a number of factors such as psychological pressures caused by high unemployment and spiralling cost of living that were behind the rising incidence of rape, defilement and mistreatment of children.

“But we must also be aware that the law is now much tougher, and this has made more people come forward to report rape and defilement. People formerly saw such offences as family issues…not any more,” Ms Simba said.

Tanzania Gender Networking Programme (TGNP) Director Usu Mallya also commended the sentences, saying rapists and defilers deserved no mercy.

She urged the public not to tolerate defilers, rapists and others who abused women and children.

“Zero tolerance is the only way we can stamp out such abuse, although public education can also play a key role in checking the prevalence of these vile acts,” Ms Mallya said.

She added, however, that there were challenges in enforcing the law and protecting women and children. “It is true more and more people are reporting such incidents even when they happen within the family, but superstitious beliefs and social and psychological pressures are still a major barrier,” Ms Mallya said.

Dr Hellen Kijo-Bisimba, the Executive Director of the Legal and Human Rights Centre (LHRC), said the law alone was not enough to prevent rape and defilement, adding that emphasis should also be put on education and public awareness.

Source: The Citizen (22/11/2012): http://www.thecitizen.co.tz/news/4-national-news/27342-two-get-life-in-prison-for-defilement