Kisumu woman sentenced for 15 years after defiling 14-year-old boda boda operator
She said going by his physical appearances, she could not tell he was under age.
The court, after considering all the evidence presented by the complainant, ruled that it agreed the two knew each other and had sexual intercourse on numerous occasions.
Ms Joan Wambilyanga, the Principal Magistrate in her judgment, said the two were arrested on July 17, one year after they had started getting sexually involved.
“Both admitted to having sex, sometimes protected, sometimes unprotected. According to her, she could not tell how many times they did it,” said Ms Wambilyanga.
The accused in her defence claimed she could not establish on the first day they met, that he was a minor.
She narrated to the court how they met and started dating, adding that looking at the physical appearances, she could not tell he was under age.
The Sexual Offences Act actually allows an accused to cite this as defence, especially when physical appearance can be deceiving.
But on this occasion, the court found that the woman made no efforts to establish whether the person she was dating was actually an adult.
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