CASE RPA 0120/15 / HC / MUS

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4. In this case, the issue to be considered is whether KAREMERA Valens could have his
sentence reduced because he had consensual sex and the girl asked him to have sex.

Whether KAREMERA Valens would have his sentence reduced because he
had consensual sex and the girl tricked him

5. KAREMERA Valens appealed asking for a reduced sentence because he had
consensual sex with the girl who told him that she was 19 years old. Barrister
MFURANKUNDA Epiphanie alleges that KAREMERA pleaded guilty and
apologized and argues that he was in love with the girl MUKAMANA until they had
sex but the girl lied to him that he was 19 years old; moreover, MUKAMANA herself
wrote to her parents saying that she lied to KAREMERA about her age and that she
was willingly involved in the act. KAREMERA Valens appealed asking for a
reduction of the sentence. MUKAMANA wrote the letter and she can confirm it in
court. The fact that the girl admits to tricking him proves that she incited him and
therefore his sentence should be reduced in accordance with Article 75 of Organic
Law No. 01/2012 / OL / 05/2012 establishing the Penal Code.
6. MUKAMANA Sandrine was questioned at the hearing on 29/09/2015 and she
confirmed that she told KAREMERA Valens that she was 19 years old because she
loved him and she could not tell him her true age because he would abandon her as
they were planning to get married, and she wanted him to get her pregnant so that he
can marry her.
7. The Prosecution argues that the appeal of KAREMERA is unfounded as the sentence
imposed on him is small compared to the crime he committed, that he was given a
reduced sentence significantly because the court accepted the mitigating circumstance
and could not sentence him to a penalty that is below the minimum legal threshold.
With respect to the second ground by which he states that he had no intention of
committing the crime but was incited by MUKAMANA Sandrine who lied to him by
telling him that she was 19 years, the Prosecution submits that it is unfounded because
if KAREMERA had no intent to have sex with Sandrine he would have asked her to
show him her ID, which shows that this girl was defiled though the problem arose
because she fell pregnant; if he was deceived they would not go into the bush to have
sex instead of telling their parents their marriage plan. The prosecution further
submits that the defense would make sense if they were of the same age, but it appears
that KAREMERA, who is 3 years older than MUKAMANA, tricked Sandrine and
demanded that the judgment passed by the Musanze High Court remains unchanged.

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