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.
Source excerpt
- Defilement
- Sexual offences against children
- Evidentiary standards
- Confession under duress