CASE RPAA 0034/09 / CS
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interrogation. He adds that from the law perspective there cannot be valid consent
to sex as Nyiransabimana was a child.
9. Although Ngabonziza submits that the High Court's judgment ignored his plea of
guilty and did not reduce his sentence, he only admitted to having an indecent
consensual sex while he was convicted of rape based on testimonies from various
witnesses including Harerimana Vénuste, Fatisuka Faustin and Habiyaremye
Evariste, who stated that they were involved in the bargain by which Ngabonziza
signed contract to give Uzayisenga a cow worth 80,000 Frw who in return
committed not to report the rape of his daughter to the police.
10. The Court also finds that Uzayisenga Vénuste, in his statement to the Judicial
Police, recounted the terms of his agreement with Ngabonziza, explaining that he
raped his daughter so severely that she was still bleeding when they reported to
the Police station. Nyiransabimana, despite calling herself Ngabonziza's wife
today, explained in detail how she was sexually abused, saying that after refusing
to have sex with Ngabonziza, he threw her down, tore apart her underwear, and
raped her to the point of bleeding. Therefore, the High Court did not have any
ground to reduce his sentence in accordance with Article 35 of the aforementioned
Law of 13/04/2004 of 17/05/2004 he relies on as he did not sincerely plead guilty
as provided for in that article.
11. In the light of the foregoing, the Court finds that, as explained by the High Court,
Ngabonziza's defense on consensual sex with Nyiransabimana, a consent that was
never given, is baseless because a child cannot legally consent to sexual
intercourse.
12. The Court finds, however, that Ngabonziza is a first time offender, which justifies
reducing his sentence in accordance with Articles 82 and 83 of the Penal Code, and
sentences him to seven years in prison and a fine of 100,000 Frw.
COURT DECISION
13. Holds that Ngabonziza Emmanuel's appeal was unfounded.
14. Sentences Ngabonziza to seven years of imprisonment (7years) and a fine of one
hundred thousand francs (100,000 Frw).
15. Holds that the judgement of the High Court is changed only with respect to the
sentence Ngabonziza had been given.