9
solicitation, promises, or bribes or other means not involving force
(Black’s Law Dictionary, 8th Edition). Thus the solicitation, persuasion,
bribe, or promises must be prior to and not after the act. Having
already found that the accused had intercourse with both PW2 and
PW3, the lone issue to be resolved now is whether or not the victims
were enticed by the accused person.
In her evidence in chief, PW2 stated of the promises made to her by
the accused thus “… I wash the dishes after which he requested for
sex and I had sex with him. On this day he promised that when he gets
to Holland he will buy me a bicycle and another mobile phone…” It
seems from this piece of evidence that the promises were made after
the intercourse and not before. On her part PW3 stated of a different
incident thus “… on this day he demanded for sex and we refused and
he promised to give us D100 each and so we had sex with him…”. It is
on this piece of evidence that I will rely to hold that the accused made
promises to PW2 and PW3 to induce them towards having sexual
intercourse with them and this I shall also hold as a fact. I am
therefore satisfied that the prosecution has proved the offence of
seduction against the accused person under counts III and IV.
In view of the above, I am satisfied that the prosecution has
sufficiently proved their case with the degree of certainty required by
law in part. I shall accordingly find the accused person ANDRE VAN
ROY not guilty on Counts V and VI and I shall proceed to discharge him
on both counts.