By Clara Wadi
In the past 9 months at Mzuzu High Court there has been an ongoing rape case of a 19-year-old girl, who was allegedly raped by Nkhowoya a 25-year-old man on 19 April 2023.
The victim found herself at the heart of a deeply disturbing incident that unfolded at around Mzuzu stadium.
The alleged perpetrator, Nkhowoya, faced the grave accusation of raping the young girl.
However, the story took unexpected turn, causing an intense legal battle that shook the foundations of the justice system.
It begun when the victim was taken to the police station, having been found in a state of shock and distress. She had spent the night at the police station, which became the initial point of controversy in the case.
The following morning, a medical examination yielded unexpected results; the presence of fresh semen in her body, indicating a recent sexual assault.
The question was whether this fresh evidence implied a second assault, potentially occurring within the walls of the police station.
The victim’s testimony further complicated the matter. When she was asked about the timing of the assault, she claimed it had occurred in the morning of the previous day, casting doubt on whether the semen detected in the medical report could indeed be from her encounter at the stadium.
“I was raped by Nkhowoya who used to be my friend around Mzuzu stadium that morning,” she said.
In the courtroom, the perpetrator strongly denied the allegations against him, intensely declaring for his innocence, “I strongly disagree of raping the girl,” Nkhowoya denied.
The case raised not only concerns about the victim’s rights but also the accused’s rights. The Senior Magistrate, Issah Maulidi, remarked,
“In this case, there are two human rights being violated; one of the victim, and the accused. The deed occurred in a place where they were only two people, and their rights hang in the balance,” said Maulidi.
He underlined the importance of fair trials and noted that prior to legislative changes, cases of rape were securitized carefully when a witness was involved.
However, he highlighted these recent legislative changes emphasized fair trial procedures for women who claim they were raped, without the need for a witness, given the nature of such assaults.
This new legal legislative aimed to ensure justice for victims of sexual violence, however, it also introduced challenges. As MacLean Mkandawire, a lawyer, pointed out that,
“This new legal solution has created a problem. A woman could potentially lie about being raped, as there may not always be concrete evidence to refund such claims,” Mkandawire remarked.
This High Court rape case underscores the complex interplay of human rights, legal procedures and pursuit of justice. It serves as a stark reminder of the importance of preserving the rights of both victims and the accused while ensuring that the truth prevails. The case will still continue to unfold in the courtrooms of Mzuzu on 17 January 2024.
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