A 43-year-old painter has been remanded into Police custody by an Adentan Circuit Court for allegedly impregnating his 14-year-old step daughter at Kwabenya.
David Osei is said to have taken advantage of the victim when her mother was taking care of the accused’s first daughter who had delivered and was on admission at a hospital.
The prosecution said even when the complainant had returned from the hospital, the accused allegedly continued to defile the victim when the complainant was asleep.
Charged with defilement, Osei pleaded not guilty and expected to reappear on June 6, 2022.
The Court presided over by Mrs Sedinam Awo Balokah is expected to consider other matters, including bail and welfare of the victim and other children.
Prosecuting, Chief Superintendent of Police Patience Mario, narrated that the complainant was a 34- year-old seamstress, who had been living with the accused at Kwabenya together with five other kids, including the victim.
The prosecution said in October 2021, the first daughter of the accused was delivered at the Korle-Bu Teaching Hospital and on admission for sometime.
It said the complainant was the one taking care of the accused’s first daughter at the Hospital.
According to the prosecution, the accused was at home to take care of the other children.
It said at night the accused slept beside the victim on the floor and he abused her sexually when the other kids were asleep.
The prosecution said the practice continued until the complainant finally returned from the Hospital.
According to the prosecution, even with the presence of the complainant, the accused sneaked out of his room often to have sex with the victim on the floor when the complainant was asleep.
It said the accused continued with the act when they moved to another area.
The prosecution said the complainant detected some physical changes on the victim and sent her to the Ghana Atomic Energy Commission Hospital where it was detected that the victim was 27 weeks pregnant.
The prosecution said the matter was reported to the Police at Madina and the accused person was later arrested.
Presently, defilement, defined as sex with a girl younger than sixteen years, is a crime in Ghana. (Criminal Offences Act, 1960).
Defilement’s definition is gender specific, such that only a girl can be defiled, and a boy cannot be defiled.
There is no consent requirement for defilement because children cannot consent to sexual intercourse.
The Penal Code section prohibiting rape describes it as “unlawful carnal knowledge of a woman or girl without her consent” (emphasis added) or if consent is obtained through any force, threat, or intimidation.
“The key ingredients of the offence of defilement include proof of the age of the complainant, proof of penetration and proof that the appellant was the perpetrator of the offence.”
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