UBUSHINJACYAHA v. HATEGEKIMANA

UBUSHINJACYAHA v. HATEGEKIMANA

The Court held that the evidence, including the child's testimony, corroborating witnesses, and the accused's own admissions, established beyond reasonable doubt that Hategekimana Damascène committed defilement by touching the child's genitals for sexual gratification. The absence of physical injury or penetration and the intact hymen did not negate the offence. The claim of coerced confession was unsupported by evidence. The appeal was dismissed and the lower court's sentence of 15 years' imprisonment was upheld.

Citation
RPAA 00886/2024/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Hategekimana Damascène
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
30 October 2025
Case Number
RPAA 00886/2024/CA
Procedural Posture
Criminal Appeal / Court of Appeal Final Judgment
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Defilement, Sexual Offences Against Children, Evidentiary Standards, Confession Under Duress
Source Language
rw
Criminal Law Child Protection Defilement Sexual Offences Against Children Evidentiary Standards Confession Under Duress

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Hategekimana Damascène

Appellant/accused

Procedural Posture

Criminal Appeal / Court of Appeal Final Judgment

Legal Issues

  1. 1 Whether there was reasonable doubt in the evidence used to convict Hategekimana Damascène of defilement of a minor
  2. 2 Whether medical evidence (intact hymen) is sufficient to negate the occurrence of defilement
  3. 3 Whether the confession was obtained under duress and its evidentiary value

Ratio Decidendi

The Court held that the evidence, including the child's testimony, corroborating witnesses, and the accused's own admissions, established beyond reasonable doubt that Hategekimana Damascène committed defilement by touching the child's genitals for sexual gratification. The absence of physical injury or penetration and the intact hymen did not negate the offence. The claim of coerced confession was unsupported by evidence. The appeal was dismissed and the lower court's sentence of 15 years' imprisonment was upheld.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • The judgment of the High Court/Rwamagana Chamber of 19/08/2024 is upheld.
  • The sentence of 15 years' imprisonment for Hategekimana Damascène remains in force.