IHRDA SGBV Database

CASE RPA 0120/15 / HC / MUS

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THE MUSANZE HIGH COURT, SITTING IN MUSANZE HEARING PUBLICLY
CRIMINAL CASES AT THE APPELLATE LEVEL DECIDES ON CASE RPA 0120/15 /
HC / MUS AS FOLLOWS:

PARTIES
THE PROSECUTION REPRESENTED BY GAKWERERE Javan, PROSECUTOR AT
THE NATIONAL LEVEL.

APPELLANT: KAREMERA Valens, son of MANIRAGUHA and BAYAGWIZE
Annociata, born in 1995, living in Muheta village, BUMARA cell, Rwaza sector, Musanze
District, Northern Province, single.

OFFENCE
Child defilement provided for and punishable by Articles 190 and 191 of Organic Law Nº
01/2012 / OL of 02/05/2012 establishing the Penal Code (appeal case RP 0055/15 / TGI
/ MUS issued by Musanze High Court)

I.
FACTS AND PROCEDURE
1. The prosecution has charged KAREMERA Valens in the Musanze High Court with
defilement of a 16-year-old MUKAMANA Sandrine. On different dates of the month
of 12/2014, KAREMERA Valens befriended MUKAMANA Sandrine, and they met
on days of prayer because she was a student. MUKAMANA started visiting her at the
boutique and made her understand that he loves her that they would marry. He
started having sex with her when she accompanied him and impregnated her.
2. KAREMERA Valens pleaded guilty and apologized, saying that the girl had told him
she was nineteen (19) years and they had consensual sex. The High Court ruled that
KAREMERA Valens is guilty of rape and sentenced him to ten (10) years
imprisonment.

3. KAREMERA was dissatisfied with the judgment of the Musanze High Court and
appealed against it stating that he was given a heavy sentence whereas the girl
consented to sex with him and told him she was 19 years. His lawyer
MFURANKUNDA Epiphanie submits that his sentence should be reduced again
because he had been tricked.