Rapist freed after woman says she enjoyed sex

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An illustration of a rape scene by Daily Monitor

Court was forced to acquit a porter, Charles Lutaaya, of rape after the victim confessed she enjoyed the sex especially how he ambushed her in a banana plantation, grabbed her, threw her on her back, ripped off her clothes and dived deeper into her “sugarcandy land”.

The incident, according to police records, happened at around 9pm in Stella Zone in Najjanankumbi, Kampala.

In its report, Daily Monitor, says the young, energetic Lutaaya hid in a banana plantation and pounced on his prey, a married woman in her late 30s who was returning home.

He grabbed her from the back and in one throw landed her on the ground.

The young man tore off knickers and had sex with her.

The victim hurried home after the incident and did not even tell her husband for fear of being ashamed.

When rumours circulated in the village, she decided to report a case at Kibuye Police Station before her husband could find out.

She presented her knickers that had been ripped up in the middle as an exhibit. They were later examined by a police surgeon at his Bombo Road clinic.

According to the examination, there was no evidence of forceful penetration apart from a few scratches the woman had sustained around the neck.

Lutaaya was later arrested and detained at Kibuye Police Station.

All this while, Lutaaya told police he had not raped the woman but the two had a love affair. Further investigation by police revealed no evidence of the rape.

The woman, however, denied having an affair with Lutaaya in front of her husband to save her marriage.

Lutaaya was produced before the Makindye Chief Magistrates Court and remanded to Luzira prison.

After the remand period, he was committed to High Court for trial.

During the interesting trial, Lutaaya’s lawyer told the complainant: “You have told court that Lutaaya threw you down and raped you.”

The complainant answered “Yes”.

The lawyer then asked whether when she was raped, she had enjoyed the sex.

The woman answered: “Yes”.

The lawyer then put it to the complainant that since she had enjoyed the act of being raped, that is why she had not told her husband.

The woman still answered “yes”.

The lawyer then told the Judge he had no further questions to ask.

The Judge said the state had failed to prove all the ingredients of rape.

Lutaaya, the suspect, was acquitted and set free.

Credit: Daily Monitor

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