CASE Nº RPAA 0069/2017/CS

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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,

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