RPA 0155/15/HC/NYA Page |3 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. 3|Page

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