Zambian Voice executive director Chilufya Tayali has been found with a case to answer in a matter where he is charged with raping a 23-year-old woman.
Charges are that Tayali on July 16, 2012 in Lusaka, unlawfully had carnal knowledge of a 23-year-old woman without her consent.
Tayali admitted having sex with the woman as charged by argued that the complainant in this case had agreed that she was his sexual partner for about eight months, which meant that he was not a stranger to her. “Therefore, I would not be deemed to be a flight risk to harm her and get away with the crime,” read his submissions in part.
The laws are very clear that if you force a woman to have sex with you it will be rape as long as she does not consent whether she is your wife or girlfriend. It is immaterial whether force was used or not.
But Tayali claimed that
the complainant’s submission that she did not give him consent to have sexual intercourse with her fell short of all possible tests to prove that consent was absent. Tayali submitted further that the complainant called him to pick her up from a named hotel where her offices are and voluntarily drove with him to Barn Motel where he booked a room while she waited patiently in the car. He stated that she later entered the said room, closed the door and locked it without being asked to do so. Tayali stated that the complainant could not show any evidence of force to support her claim that clothes were removed from her body forcefully by him. “It is reasonable to expect some torn clothes if force was used to remove them from her body, but not even a pant which is usually made of light material to easily tear,” he stated. Tayali, in his submissions on a case to answer, prayed that Lusaka magistrate Willie Banda dismisses the rape case against him because the State had failed to prove it beyond reasonable doubt. “I therefore, pray that Your Honour dismiss this case on a case to answer according to Chapter 88, section 206 of the Criminal Procedure Code of Zambia which states that ‘if at the close of the evidence in support of the charge, it appears to the court that a case is not made out against the accused person sufficiently to require him to make a defence, the court shall dismiss the case, and shall forthwith acquit him’,” stated Tayali. But magistrate Banda, after considering the evidence of the six prosecution witnesses, who included the victim, put Tayali on his defence. Magistrate Banda has since set March 25, for Tayali’s defence. – See more at: http://www.postzambia.com/news.php?id=6187#sthash.M3YGLUe2.dpuf