CASE Nº RPAA 0069/2017/CS Page |1 THE SUPREME COURT SITTING IN KIGALI HEARING CRIMINAL CASES ON 24/11/2017, PUBLICLY DECIDES ON CASE Nº RPAA 0069/2017/CS AS FOLLOWS: PARTIES: THE PROSECUTION Versus NAHAYO Jean - Pierre (appellant), son of NDUWAMUNGU and NYIRAMAHANGA, born in 1979, living in Gitega Cell, Mukingo Sector, Gisagara District, Southern Province. OFFENCE Rape of an under 18 years-old girl I. FACTS AND PROCEDURE 1. The trial began in the Butare Court of First Instance, with the Prosecution prosecuting NAHAYO Jean-Pierre for raping a 13-year-old girl on 25/12/2001. The defendant admitted to having consensual sex with the girl because she was 18 years old. In its judgment No. RP 29890/72/02 of 10/10/2003, the Court convicted him of rape and sentenced him to life imprisonment and a fine of Frw 100,000. 2. NAHAYO Jean-Pierre appealed to the Nyanza High Court, requesting a reduction of his sentence because he admits that he had consensual sex with MUJAWAMARIYA but denies that he forced her to have sex. In its judgment No. RPA 0099/05 / HC / NYA of 21/10/2015, The High Court held that his appeal was unfounded, explaining that there was no valid consent with the 13-year-old girl, that NAHAYO Jean-Pierre's plea of guilt relates to a crime he was not accused of as he was being charged with sexually abusing a child under the age of 18; thus, his request for pardon and mitigating circumstance was not granted. 3. NAHAYO Jean-Pierre appealed to the Supreme Court, arguing that the High Court failed to consider whether the girl he had sex with was 13 or 18 years old, and did not hear the defense witnesses knowing that he and the girl were friends,