A juvenile court in Juba has sentenced a 17-year-old juvenile delinquent to five years in a reformatory centre and a fine of 500,000 SSP for aggravated rape and causing grievous bodily injury.
The accused, Daniel Deng, and two of his companions who are at large were arrested and charged with aggravated rape and causing grievous bodily harm on 13 August 2019 in Juba.
Presiding Judge Francis Amum in his ruling said, “The juvenile offender in conflict with the law is sent for rehabilitation from his delinquency and to serve five years in the reformatory for five years with effect from the date of detention on 13 August 2019. The guardians of the child in conflict with the law have to pay the victim 500,000 SSP as reparations through civil proceedings.”
“The child offender is advised that he has a right to appeal against reformatory order within 15 days. These final measures are delivered and dated 15 March 2021 by Judge Francis Amum acting in the Juvenile Court, Juba,” Justice Amum ruled.
The court, throughout the trial, heard three witnesses, two for the prosecution and one for the defense. The prosecution case stated that on 13 August 2019 at 7 pm, the accused and two other persons attacked the victim and gang-raped her at Kuburi Tombura in Juba.
“That the three persons beat and hurt her. The survivor narrated that she had been attacked by the three men when she was passing through the Kuburi Tombura area in Juba and that after they beat her up, they gang-raped her,” Justice Amum recouped, “That they left her and went away after they had satisfied their sexual intercourse. And that while she was suffering and unconscious, a soldier who was passing by took her to the police station. Then she was taken for medical treatment and the accused were arrested and taken to the police station.”
Upon being indicted and arraigned in court, the accused person confessed to having contributed to beating the victim when she was fighting the gang rape.
Daniel Deng, the accused, admitted to hitting the victim with a big stone but denied having penetrated the victim sexually.
The judge said that the accused person stated before the court that they were three in number, him and the other two accused by names Madut Agwek Riing and Chol Deng Dut.
“He said that it was Madut Agwek Riing and Chol Deng Dut who sexually penetrated the victim. The accused, Daniel Deng alleged that Chol Deng Dut and Madut Agwek Riing were released because they must have paid money to the officers in charge of the operations unit assigned to the area of Kuburi Tombura at the time of the commission of the offense and that he was taken to trial because he had no money to pay for the proceedings of release,” Justice Amum said.
According to the judge, the statement made by the accused was sufficient to prove his participation in gang rape, “I, therefore, found this ingredient proof by the prosecution beyond a reasonable doubt that the accused participated in the commission of gang rape.”
The judge said that the third and last essential ingredient required for the establishment of rape is proof that sexual intercourse was performed on the victim without her consent.
“Regarding count number two charge on the accused, this court had the opportunity to see the victim testify in person. She is hurt, injured on different parts of her body,” the judge said.
South Sudan laws provide for the protection of women and girls from sexual abuse and exploitation, gender-based violence, including rape, early and forced marriage, and female genital mutilation.