In this case, the accused, a person with HIV was indicted with the offence of aggravated defilement in two counts, with two different victims, one being three and the other five at the time the incident happened. The accused denied the charges.
The prosecution had the burden of proving all the essential ingredients of the offence against the accused, beyond reasonable doubt. It thus had to prove that the victims were below 14 years of age, that a sexual act was performed on the victims, that it was the accused who performed the sexual act on each of the victims, and that at the time of performing the acts, the accused was HIV positive.
In proof of the victims’ age, copies of their birth certificates and immunization cards were produced in court.
On proof of the sexual act, the P.W.4 testified that the accused grabbed her and her sister, slept on both of them, and left pain in their private parts. The mother also testified of the conditions in which she found her daughters. This was further corroborated by the medical evidence of abrasions at the introitus caused by forceful penetration.
Concerning the issue of whether it was the accused that performed the act, the older victim testified that she was able to identify the perpetrator of the act. That it was during the day and that they knew the accused before as he habitually came to their home in the absence of their mother.
On proof of the accused’s HIV status, the mother stated that she was aware that the accused was on ARVs hence her emotional distress on learning that he had performed sexual intercourse with her daughters.