East African Gazette
Iganga
The High Court in Iganga has sentenced a father of five to seven years- in jail for raping deceased brother’s wife.
Justice David Batema found George Olute 56, guilty of rape having unlawfully had carnal knowledge of Amejja Florence a widow to his late brother without her consent.
“You ought to have been the care taker to your deceased brother’s family instead took advantage to rape her with the intension of maliciously infecting her with HIV/AIDS, what a heartless man you are,” Justice Batema observed as he delivered his ruling.
Olute pleaded guilty to raping his brother’s wife and asked court for a lenient sentence.
“Despite the fact that you pleaded guilty to the offence and asked for leniency, I find your actions malicious having raped your in-law yet you were meant to take good care of your deceased brother’s family. Owing to this factor, I sentence you to seven years in jail,” the judge ruled.
The judge explained that, “The sentence will act as a deterrent to the would in-laws who take advantage of their deceased relative’s spouses by engaging them in risky sexual behaviors,” this he notes will reduce HIV infection rates.
Having spent 2 years and seven months on remand, the trial judge considered the time the accused spent on remand deducting his sentence to 4 years and 5 months with instruction that prison administration executes the order according to the law.
The judge however, advised Olute to appeal against the sentence within 14 days if he is dissatisfied with the verdict.
Prosecution heard that on the fateful day of April 29th 2021 while at Bukatube village in Mayuge district, Olute unlawfully had carnal knowledge of the 53- year- old Amejja, a widow to his deceased brother, a resident of Bukatube B village and mother of three.
Amejja informed Court that Olute paid her a visit and decided to spend the night at her home. When it was time to sleep, Amejja offered her bed to the visiting in-law and resorted to sleeping in the sitting room while her grandchildren slept in a different house within the same home.
Prosecution learnt that when Amejja woke up the next morning, she was feeling pain in her private parts, she noticed semen on her clothes and around her thighs, she realized she had discharged out of her vagina.
She quickly rushed to her bedroom to check on the visitor she had left sleeping only to realize that her in-law was nowhere to be seen, he had disappeared from the house. Amejja immediately reported the matter to her son who lived nearby.
Her son contacted Sam Bogere, the area chairman. Bogere with support from local authorities trailed Olute and had him arrested within the trading center before he was referred to Bukatube police post leading to his arrest and subsequent prosecution.
Medical examination carried out on Olute indicated that he was HIV positive while Amejja was put on post-exposure prophylaxis (PEP) , an emergency drug taken after a possible exposure to HIV to prevent HIV infection. The medication is taken within 72 hours (3 days)