Rape attempt case 2024 GC

Rape attempt case 2024 GC

 File number 23696,016

 First instance court Ari zone South Ethiopia

 Criminal Bench 

 Judgment Date May 16,2024 and July 27,2024

 Parties involved

 Public prosecutor of Jinka city of South Ethiopia

 Mr. Ezekiel Msel Tagige,  Age 16 ,Occupation Farmer, Address Jinka city

Fact of the case

 A girl named Meskerm Eyop between the ages of 8 up to 9 year was at home with her younger sister.

The parents were away for a funeral happening several miles off. While away, one of their family members Mr. Ezekiel Msel, suggested staying back at home to care for the girls.

 He was trustworthy to the family for him to baby-sit the girls as their parents were on their short trip out. It was on the December 25,2023GC, at approximately 5:30 Pm that the crime happened. Mr.Ezekiel Msel pulled down Meskerm’s underwear when she was sleeping. His motive was clearly. Meskerm awoke abruptly and found him inappropriately handling her. She felt immediate fear and panic. In her desperation, she claimed that she needed to go to the bathroom in hopes of escaping. She did not waste any time and ran out of the house and to a neighbor’s for help.[1]

The neighbors took her to a hospital, where medical examiners inspected her. They conducted tests to see if she had lost her virginity or if there were any other signs of sexual assault.

The test confirmed that her virginity was still intact. The test did not reveal any of the typical signs of rape, such as tears or bruises.

However, the absence of physical evidence does not necessarily equate to the fact that child was not assaulted or harmed.

The prosecutor pressed charges by using Article 627 of the criminal code of Ethiopia[2]. The case was taken to a lower court for the court has jurisdiction power over the case.

When the court examined the evidence, the judge decided to acquit Mr. Ezekiel Msel. The court found him not guilty because the prosecutor had failed to present sufficient convincing evidence. The failure of the prosecution to prove guilt beyond reasonable doubt led to this decision. Unsatisfied with this outcome, the prosecutor opted to appeal. They argued that if the accused was guilty of a lesser crime the court would have to amend the charges to reflect accordingly. The prosecutor believed the evidence was aimed at an illegal act that was severe but not technically considered rape. The appeal involved a superior court re-hearing all of the facts of the case. After consideration, the higher court made a remand the decision of the lower court. Decided he is guilty and gave Mr. Ezekiel Msel a chance to defend himself against the charge. The final decision was rendered by the lower court Mr. Ezkiel Msel was guilty for the attempted rape crime and was sentenced for 2 year imprisonment. 

Observation

A few important things are learned from this case. The accused actions suggest that he had an intention to commit a sexual crime.

His proposal to babysit the girls when they were away suggested he was contemplating more than babysitting.

If Meskerm had not woken up, there was a high chance that he would have continued with his action to commit the crime . The situation calls for vigilance, especially when adults seem to have ill intentions. It should be pointed out that any sexual act with a child like Meskerm is considered to be non-consensual based on the law. Legal consent cannot be given by children, with or without physical evidence of injury. The absence of physical evidence, e.g., loss of virginity, should not be the only factor to decide that no crime was committed or not. This case shows how hard it is to prove sexual assault in courts. It also shows how important thorough medical checks and long investigations are. It reminds us that protecting children from being harmed requires vigilance all the time and good legal frameworks. 

 It also shows how it is possible that justice may come late or never if evidence doesn’t stand firm, even though the case may suggest harm. Overall, it focuses on the necessity of better care and awareness regarding victims of sexual abuse, especially young children.

Reference(S):

[1] Jinka police Department incident Report  23579/15 March 26,2023

[2] The Criminal Law Code of the Federal Democratic Republic of Ethiopia 2004 article 627, proc.no.414/2004,Fed,Neg,Gaz.