By MULENGA MUSONDA
A 26-YEAR-OLD man accused of defiling a girl under 16 years old said the alleged victim told him she was 17.
Killian Siamanyange, appeared in the Choma Fast Track Court for Gender Based Violence before Resident Magistrate Ethel Phiri.
Siamanyange made his explanation in a case in which he is charged with defilement contrary to section 138 as amended by Act No. 15 of 2005 of the Penal Code Chapter 87 of the Laws of Zambia.
Allegations are that Siamanyange on November 14 in Choma unlawfully had carnal knowledge of a girl believed to be below the age of 16. When he appeared for plea, Magistrate Phiri before reading to him the charge reminded him of the proviso he could use in his defence if at the time of the offence he believed that the girl was above the age of 16.
When the charge was finally read to him by the court through the ourt interpreter Luckson Sibalwa in Tonga, Siamanyange denied the charge and stated that despite him engaging in sexual relations with the girl, she told him she was over the age of 16. Court: Have you understood the charge against you? Siamanyange: Yes, I have understood.
Court: Do you admit or deny? Siamanyange: I deny, can I say something?
Court: Yes, go ahead. Siamanyange: I deny because before I had sex with her, she told me that she was 17 years old. Court: So she told you that she was 17 years old? Siamanyange: Yes, that is what she said. Court: I record a plea of not guilty. Following a plea of not guilty, Public Prosecutor Dexter Kwalela did not object to the bail application which the court granted him. The matter will come up on January 14, 2021 for commencement of trial.
She told me she was 17, says accused defiler
