2. That a sexual Act was performed on the victim.
3. That the accused person (s) performed the sexual Act.
In some instances it may be necessary to prove that:
4. The accused had authority over the victim or whether there exists other
aggravating factors of the offence.
According to the testimony of the complainant, she gave her age at the time of
testimony as 14 years. This meant that at the time of offence last year, she was
about 13 years old.
This is corroborated by the medical evidence which was admitted during the
preliminary hearing and marked Exhibit P.1. According to that exhibit which
comprised PW.1, the victim was examined by Dr. Opete Andrew of Tororo Main
Hospital on 29.09.12 on PF.3A and found to be aged 13 years at the time of
The defence agreed to the admission of this evidence.
I am therefore satisfied beyond any reasonable doubt that Nyapendi Teddy was 13
years at the time of this offence.
2. Whether a sexual Act was performed on Nyapendi Teddy.
As I have stated while resolving issue 1, the medical examination report on F.3A
Exhibit P.1 was admitted in evidence during the preliminary hearing. In that report
Dr. Opete Andrew examined the victim and found that she had scratches on the
face and neck. The back of the head was smeared with mad. The chest was full of
bruises and scratches. The back was smeared with mad. She had swollen limbs
and her vagina was widened, bruised and reddened. She had seminal fluid like
discharge massively draining with a foul smell. The cause of all these was a sexual
assault. This medical opinion is corroborated by the testimony of the victim
(PW.2) that she was dragged by a group of men to a bush and defiled repeatedly
from 7:00p.m to 12:00midnight.
From the said evidence which is overwhelming I have no doubt that prosecution
has proved that a sexual act was performed on Nyapendi Teddy. This ingredient
has also been proved beyond any reasonable doubt.
3. Whether the accused persons participated in the offence.