A Malawian man lost an appeal against a rape conviction and life sentence after claiming that his 11-year-old victim was a child bride.
The High Court in Cape Town had convicted Chifondo Austin of raping the daughter of a friend after she came to stay with him.
But following his trial, Austin claimed she consented despite her being below the legal age, and that her father – his friend had given her to him as his bride.
The father denied that it’s customary for men to marry very young girls in Malawi.
The High Court last week also found no fault with the conviction and sentence.
“How the appellant, who was more than 25 years old at the time, and according to him, was living with this 11-year-old child as husband and wife on a permanent basis, could have thought that she had the mental maturity and capacity to consent to sexual intercourse is beyond comprehension,” the court found.
Gender-based violence expert Lisa Vetten also rubbished Austin’s defence.
“He lost because he had an unwinnable case. He had exploited and taken advantage of a trust that had been placed on him by a friend and raped this young woman. And I think these kinds of defences simply won’t succeed anymore and they really shouldn’t”.
Austin’s name has also been added to the Register for Sex Offenders.
-EWN
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