RPA 0155/15/HC/NYA
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done in a variety of ways, there is a means an HIV-positive person can use to have sex
without transmitting AIDS, and a person raped by an HIV-person does not necessarily
get infected. Lastly, he states there is a dispute with the child's father, which the Court
could not take it for true because apart from saying it before the Court, there was no
evidence to prove it.
[8] The Court also observes that the child's description has much in common with what
KARISA Boniface explained during the investigation into the case: they concur that
KARISA met the child where she was at 3 p.m., that he had an envelope, that the child
helped him to carry it to his home, and when they heard people knocking the child hid
under the bed, where her father found her. The most important thing they disagree on is
that the child says that KARISA had already raped her when people started knocking
while KARISA says he never raped her, except that before the judicial police he said they
had agreed to have sex. So this makes one wonder a lot about KARISA's denial of guilt:
as he lives alone in the house and says that he was going to give accommodation to the
girl that night, where was she going to spend night? If he had done nothing wrong to the
child, why did he hide the girl under the bed when people knocked at the door?
[9] The doctor who examined the child the following day found semen in her vagina, and
based on this semen and other evidence the doctor concluded that the child had been
raped. No one else was identified as having sex with DUSENGIMANA except KARISA,
and he also admitted that they had found them both in the house, around 3 p.m. All of
this evidence concur to prove that KARISA had sex with DUSENGIMANA. Therefore,
the decision of the Huye High Court should be upheld in all its aspects as there is no valid
argument brought by the appellant that justifies to change it.
Whether the compensation for MAZIMPAKA Hussein representing his daughter
DUSENGIMANA Anita should increase
[10] Barrister MUJAWAMARIYA Dativa, who assisted MAZIMPAKA Hussein, acting on
behalf of his daughter (DUSENGIMANA), said that 5,000,000 Frw should be added to
the compensation awarded by the Nyamagabe High Court. The money includes a
lawyer's fee. In all, she requests 6,000,000 Frw.
[11] KARISA Boniface, on the other hand, said that the compensation should be dismissed
because he has not committed a crime. For him, the claim is a retaliation because he has
imprisoned the civil party’s family members.
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