UBUSHINJACYAHA v. HABARUREMA

UBUSHINJACYAHA v. HABARUREMA

The conviction was upheld based on credible witness testimony, defendant's own confession, and corroborating medical report, establishing the victim's mental disability and non-consensual intercourse. The absence of an expert medical certificate did not invalidate the evidence. Sentence was reduced due to mitigating circumstances, notably first-time offence.

Citation
RPAA 00403/2025/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/defendant: Habarurema Damascène
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
27 November 2025
Case Number
RPAA 00403/2025/CA
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed; sentence varied
Legal Topics
Rape, Sexual Violence, Disability, Evidence, Sentencing, Mitigating Circumstances
Source Language
rw
Criminal Law Criminal Procedure Rape Sexual Violence Disability Evidence Sentencing Mitigating Circumstances

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Parties

Ubushinjacyaha

Prosecution

Habarurema Damascène

Appellant/defendant

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Habarurema Damascène was convicted of rape against a mentally disabled person without sufficient evidence
  2. 2 Whether Habarurema Damascène should have his sentence reduced

Ratio Decidendi

The conviction was upheld based on credible witness testimony, defendant's own confession, and corroborating medical report, establishing the victim's mental disability and non-consensual intercourse. The absence of an expert medical certificate did not invalidate the evidence. Sentence was reduced due to mitigating circumstances, notably first-time offence.

Court Disposition

appeal dismissed; sentence varied

Orders

  • Conviction upheld
  • Sentence reduced to 9 years imprisonment and 500,000 Frw fine