Shocker! Man who raped 10 year old boy gets a 1 year-and-6-month jail sentence

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…Magistrate calls the sentence a stiff punishment

Rodney Kamanga, the disgraceful man who brutally raped a 10 year old child is one happiest Malawi man while his innocent victim suffers from the abhorrent memories of the abuse as the offender has only been handed an 18 month sentence.

Court

Shocking! 18 month for raping a child

Instead of rape or child sexual abuse, the pedophile was charged with sodomy in accordance with Section 153 of the Penal Code. Yet, the Section is understood to be used when two adults of the same sex have consensual sex rather than when a child is sexually abused or raped as documented in the 2010 Child Care, Protection and Justice Act. In this act, any sexual encounter between an adult and a child is considered a sexual abuse.

According to a statement by the Malawi Police, the pedophile man has just been handed an 18 month jail sentence and is likely to come out earlier, living the lives of many innocent children in grave danger.

After raping the young boy in January, Kamanga who hails from Mtambo Village in Mchinji district is said to have attempted to silence the innocent victim by giving him boiled Irish potatoes and K100. After informing the parents of his abuse, the matter was reported to Dowa Police Station who apprehended the offender.

According to the statement, Dowa First Grade Magistrate, His Worship Imulani Phiri described the sentence the 18 month jail term as “a stiff sentence” because Kamanga’s behaviour was “not only morally rotten but also it had set a bad precedent to the community”.

Ironically, Section 153 describes unnatural offense as involving adults of the same sex who have given consent to the act of sex. Used to criminalise homosexuality, the section sets fourteen years as the punishment for such offenders.

While Section 155 of the Penal Code which could have directly applied in the Kamanga case but was not used sets 7 years as a possible jail sentence for those who sexually abuse boys.

“Any person who unlawfully and indecently assaults a boy under the age of fourteen years shall be guilty of a felony and shall be liable to imprisonment for seven years, with or without corporal punishment” reads Section 155.

Sections 133 and 134 which could also have applied in this case describes rape,  punishable by a death penalty, as sex only with a girl or woman but without her consent as Malawi is a signatory to the Convention of the Rights of the Child which demands that all children are protected by handing stiffer punishment to sexual predators such as Kamanga.

Malawi24 is yet to establish whether human rights activists will appeal the case to plead for a longer jail sentence taking the gravity of the offence that Kamanga committed by shattering the future, memories and childhood of the young innocent boy.

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91 Comments

  1. Anthu omwe amatsogolera anzawo ndiwo amaononga dziko labwinoli,maka inu amabungwe kubakira zomwe inu simungapange{E.G.Ugay}GOD adzayambira inu nonse kukantha.

  2. If it cld be the problem of our laws, why is it that our law makers spend time in parlament without repealing them or noticing something fishy with our laughable laws? Plz let them help us on this issue.

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  4. Uyu oweluza has given that 18 months jail term, chifukwa nayenso ndi wamathanyula kwambiri. otherwise he could not see the reason why the suspect should be jailed at all.

  5. Unbelievable , juju or what ? God intervene pliz . Tomorrow it will be a girl raped , 2 years in jail . The magistrate must be a gay

  6. I hope vea mst b some BRIBERY taking plce. Retrain this stupd jaj kumene mumasulira majaj. Wina kuba dowe bcoz of hanga 3yrs in prison wf had leba. Rape (AIDS pomwepo) 18 mats is vis gud? Malawi akupita kut? 2 Timoteo 3 : 1-5 now fulfilled

  7. I am tempted to believe that if corruption has not taken place, the magistrate and Kamanga are of the same feathers. How could someone, not fit for a mental hospital, call 1.5 yrs imprisonment for the offence in question stiff punishment? Justice is defeated.

  8. Iam quite sure that if this idiot had raped a 10 year old girl, the sentence could have been more than 7 years in the cooler. Should we say that the law is discriminatory i.e treats such cases differently and unfairly on grounds of sex or the presiding magistrate is incompetent?? If the former is true then its time to review the law and if the latter is also equally true then its time to retrain this magistrate. Surely this sentence is laughable.

  9. something who stole sugarcane to rescue his family from hunger that has hit most parts of the country is left to languish in jail while these rapists are given lenient punishment,shame on our judiciary

  10. Ndalama ikalankhula chilungamo chimakhala chete. Amene waweluza mulandu umeneu wadyetsedwa kangachepe,chigamulo chimenechi sindinakodwele nacho.

  11. Ndalama ikalankhula chilungamo chimakhala chete. Amene waweluza mulandu umeneu wadyetsedwa kangachepe,chigamulo chimenechi sindinakodwele nacho.

  12. yankho ngati simukulipeza pitilizani kumangopha basi…vuto ndi malamulo omwe tikugwiritsa ntchito coz ndi amene anasiya asamunda..!pomwe ogwirira akumamangidwa chaka chimodzi owotcha makala akumamangidwa 2yrs,okuba 14 yrs..ndie ku malawi kumeneko kkkkkkkk

  13. yankho ngati simukulipeza pitilizani kumangopha basi…vuto ndi malamulo omwe tikugwiritsa ntchito coz ndi amene anasiya asamunda..!pomwe ogwirira akumamangidwa chaka chimodzi owotcha makala akumamangidwa 2yrs,okuba 14 yrs..ndie ku malawi kumeneko kkkkkkkk

  14. How can we put an end to mob justice when lighter sentences are meted out by our courts as is this case. The problem may not be the courts but I strongly believe the law needs to be reviewed

  15. How can we put an end to mob justice when lighter sentences are meted out by our courts as is this case. The problem may not be the courts but I strongly believe the law needs to be reviewed

  16. Sure 18 months!! R u promoting this malpractice 2b exercised by many pipo? Oweluzayu afufuzidwe bwinobwino. Payenekela kukhala zinthu nga izi:- ubale,ziphuphu kapena kuziwana pakati pa oweruza ndi opalamula mlandu. Bkoz here I found two cases, 1. Rape case, 2. Gey(homesexuality). Mlandu uwu ndi 18yrs osati mmene achitila apapa 18months. Apo akanamtumiza ku final court la Mob Justice (MJ) Akathilepo moto kapena myala kuposana ndizimene mwachitazi. Mob Justice COURT (MJC)Akationongera mumvela kwaife

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  18. Kkkkkk! Paja Poti Eeyah! Malamulo Ena Adapangila Amusala Etiiiiiii??????? Dcrimination Ya Ziphuphu Apolice Asitheee! Paja Amat Ndende Ndza Anthu Aumphawi?????

  19. If i’ll be a Minister of Justice,iwld hv made aLaw’every man Comit Rape;(must go2 hospital 2B CANSTRATED,not 2jail 2hv stiff punishpment{Canstration>Kutchera Ndumbwana}u’ll see pple will be Scared!

  20. If i’ll be a Minister of Justice,iwld hv made aLaw’every man Comit Rape;(must go2 hospital 2B CANSTRATED,not 2jail 2hv stiff punishpment{Canstration>Kutchera Ndumbwana}u’ll see pple will be Scared!