When Loyce sent her 16-year-old daughter to Bubirabi Trading Centre in Bumboi Sub-County, Mbale District to go buy drugs at 6pm, she did not know she was pushing her into the claws of a rapist. It all started on February 27, 2015 at about 6.30pm when an unknown boda boda cyclist stopped and engaged Mutonyi who was on her way back home after buying drugs for her mum in a conversation for about 20 minutes. The boda boda cyclist then offered to give Mutonyi a lift, which she accepted. As soon as she sat on the motor-bike, the boda boda man rode very first, speeding past the path to her home. When they reached an isolated area in Bukhumekha Parish- Bumboi Sub- County, he stopped and started asking the girl for sex, promising her several gifts if she agreed. However, the girl refused and threatened to report him to her parents and local council officials. He then grabbed and dragged her to an incomplete building She tried to raise an alarm in vain.

There was no one in the vicinity. The boda boda cyclist then applied force. Mutonyi continued raising an alarm for rescue but no one was coming given they were in an isolated place. She tried to escape but he caught her in a banana plantation and raped her. He then took her back to the incomplete building and forced himself on her again. When he was done, he decided to ride her back home. On their way back, his motorcycle got a flat tyre, and it was at this point that the victim managed to identify the motor-bike as Bajaj Boxer red in color with Reg No UEB 852K. After about three hours of waiting for their daughter to come back from the trading center, the parents of the victim reported the matter to their LC1 chairperson. The community then embarked on a search for Mutonyi which did not yield fruits. After hours of a fruitless search, residents advised parents to place announcements informing the public about the disappearance of the 16-yearold girl. Some residents who had gathered at the home of the victim started planning how they could find Mutonyi. Others blamed the victim’s parents for sending a girl to the trading center at a late hour.

Mutonyi returned home at about 11pm and narrated her ordeal to her parents and residents who had gathered at her home. The parents then reported the matter to Mbale Central Police Station. On February 28, 2015, the then Mbale District Police Commander, Gerald Twishime, assigned detective Victor Namirembe to handle the case and make sure the culprit is arrested and faces the law. That very day at 9am, a group of detectives headed by D/Wcpl Namirembe started investigating the matter. At 11am, the victim recorded a statement at the Criminal Investigations Directorate office at Mbale CPS. Namirembe also visited the victim’s home with a group of detectives together with scene of crime officer. The girl made police statements that she was raped several times by the suspect and that he had threatened to kill her, if she refused to have sex with him.

The girl added that when they reached an isolated place, the boda boda cyclist stopped and moved closer to her. “I pushed his hands away as he attempted to rape me. But he later held my hand and pulled me closer to him,” Mutonyi told detectives. The girl added that the suspect made another attempt and got her hand,” she recalled. The victim added that as she looked for an escape route, he gave her a kick that swept her off the ground. However, it was up to the detective to confirm the girl’s allegations. Mutonyi was later taken to Mbale General Clinic manned by police surgeon Bernabas Rubanza for a medical examination to prove whether the victim was sexually abused. Dr Rubanza’s examination confirmed that the girl had been sexually abused. The surgeon also examined the suspect. All examinations evidence was pointing to a charge of rape. Namirembe said after getting the doctor’s report, they started hunting for the suspect. Namirembe said it was difficult to investigate the case as the suspect was still unknown. It was later established that at the material time, the motorcycle was being ridden by Sam Makombe, 37. Makombe became the prime suspect in the case. He was arrested on March 1, 2015 at 2pm at Bubirabi Trading Centre. In order to have enough evidence, detective Namirembe directed the officer in-charge of Bungokho Police Station in Mbale District to impound Makombe’s motorcycle.

On March 16, 2015, the said motorcycle was impounded by the police officers of Bungokho Police Station. Photos of the motorcycle were taken as exhibit to help detectives with investigations. The officer in-charge Bungokho Police Station then informed detective Namirembe to pick the motorcycle as exhibit. The accused had earlier informed the owner of the motorcycle that he was not able to remit money to him because the tyre of the motor-bike was faulty and he had to replace it.

Later, the investigating officer Namirembe and her team visited the scene of crime together with the victim and her parents. They found an unfinished building without a door and a small mattress without a cover in one of the rooms. This helped confirm the victim’s statement. The detectives also recovered open condom sachets. A sketch plan was made and attached on the case file for evidence. The accused was later arrested and examined on police form 24A and found to be mentally sound. On March 17, 2015, the bike was inspected by Inspector of Vehicles [IOV] at Mbale Central Police Station. The vehicle inspection report was made with the following observations, front tube was replaced with a new one, both front and rears tyres were still new. Namirembe now prepared charges and the suspect appeared before Mbale chief magistrate on March 24 for mention of the case and he was sent back to Malukhu prison. He again appeared at the Chief magistrate court on April 10, 2015 but he was sent back since the judge was not around. On April 25, 2015, he was remanded for two weeks since the case was capital in nature and was to be handled by High Court. He was later committed to High Court for mention of two counts. The hearing started and the case was fixed for August 21, 2015. After presentation of all evidence, High Court Judge Henry Isabirye Kaweesa found Makombe guilty of raping contrary to section 123 and 124 of penal code act. He convicted and sentenced him to 15 years in Malukhu prison.

LEGALLY SPEAKING

The Penal Code Act under Section 123 provides that rape is the unlawful Carnal Knowledge of a woman or girl, without her consent or with her consent if the consent is obtained by force or by means of threats or intimidation of any kind of fear of bodily harm or by means of false representations as to the nature of the act. Once a person is convicted, the punishment for rape is death. See section 124 of the Penal Code Act.

For prosecution to secure a conviction on rape, there must be proof that there was unlawful sexual intercourse with the complainant, that the complainant did not consent to that sexual intercourse and that it was the accused who had unlawful sexual intercourse with the complainant.

In this instance for Impartial World to assist;

Step 1

They would advise you to avoid any activities that could potentially damage evidence of the rape such as bathing, using the restroom, changing clothes, combing hair and cleaning up the crime scene. Report the assault/incident at the nearest police station. After the complaint has been lodged and a statement recorded, the victim is subjected to a medical examination to ascertain the authenticity of the rape.

Step 2

They would advise the Police to conduct thorough investigations and ensure that all relevant investigative techniques including DNA testing are promptly carried out.

Step 3

They would advise the DPP to prove all the elements of Rape beyond reasonable doubt so that the accused does not go scot free.

This article is courtesy of The Daily Monitor and edited by Advocate Vera Newumbe.