Judgement RPA 2983: Prosecutor against the accused Kamalebo Wilondja
In a statement made and registered at the Registry of the Court of First Instance of Bukavu on
the 19th January 2013, Mr. BAHATI MUTWENDU, defense counsel, holding special power of
attorney given to him by the accused Kamalebo Wilondja, on the 19 th January 2013, appealed
on the same date the judgement duly pronounced under RP 13684 by the Court of First
Instance of Bukavu.
In the terms of this judgement, the above mentioned jurisdiction declared established both in
fact and in law the offense of rape of children awarded to Kamalebo Wilondja Bezo,
sentencing him to 7 years of imprisonment and to a fine of 900.00 Congolese Francs
equivalent to 30 days of detention, to damages and interests equivalent in Congolese Francs
to 1.000 USD payable to the victim and to the proceedings' fees at a full rate or face 7 days of
detention in the case of non-payment within the legal deadline.
The procedure thus taken in conformity with the law;
Filed according to the legal rules and deadlines, the appeal is admissible.
It follows from the elements on file that during the month of February 2011, the accused
KAMALEBO WILONDJA BEZO had sexual intercourse with the one called MARIE
JEANNETTE KALAGIRWA RUBANGUKA. Following this, she becomes pregnant and gives
birth to a male child. Noting that the responsible for this pregnancy had not yet paid the dowry,
the girl's father complains to the Official of the Judiciary Police; the latter, over the course of
his investigations, finds that the girl was under the age of 18 and communicates the fact to the
Prosecutor whom, for his part, communicates it to the Judge. The latter issues a sentence of
rape of children.
Providing grounds for his appeal, the appellant maintained that he had sexual intercourse with
a consenting adult; he produced a photocopy of the alleged victim's voter's card. This
photocopy is certified according to the original and informs that its holder was born in Bukavu
on the 20th June 1992. At the time of the events she was thus 19 years old and of legal age;
Questioned about the events he confessed while maintaining the legal age of his partner with
whom he had sexual intercourse.
In its indictment, the Prosecutor found the offense of rape of children being awarded to
Kamalebo Wilondja Bezo not established and requested his acquittal.
The rape of children is defined as the act through which a person has sexual intercourse with
a person of the opposite sex under the age of 18; it requires the conjunction of three
elements: material elements, the absence of consent and guilty intention. In the present case,
the Court finds that it exists on file a certified photocopy in conformity with the original voter's
card of the partner in the sexual intercourse, which informs that she was already legal of age
at the time of the events; it deduces that the events took place between two conscious and
consenting adults and thus declares that the element of lack of consent is non-existent, the
accusation of rape of children awarded to Kamalebo Wilondja Bezo being not established, the