Two teenagers in Mombasa surprised the court when they confessed their undying love for each other. They also admitted to engaging in sex despite their young ages.
The girl identified as XY asked the court to jail her together with her boyfriend identified as JP if he was found guilty of the defilement charge. XY who is 17 years old told Resident Magistrate Vincent Adet that she had consented to the overtures of JP who is 19 years old to engage in sex and was never defiled as alleged by her parents.
At the time they engaged in sexual intercourse, XY was 15 years old and JP 17 years old. “Your honour, I was not forced into having sex with JP neither did he defile me. I agreed to sleep with him because he is my boyfriend. If you decide to convict him, then I should also be convicted,” said XY. XY’s father stormed out of the courts in anger after the daughter decided to defend the boyfriend.
She confessed that at that time of engaging in sex with JP, they did not understand that it was against the law. The girl also said she still recognises JP as her boyfriend and did not wish to have him jailed.
JP had been charged in 2018 at Mombasa Law Courts for defiling XY but denied the charges and was released on bail. XY, who was testifying for the second time in court, maintained her position and insisted that JP was still her boyfriend and that they should both be jailed if JP was found guilty.
She said that at that time they did not know they were committing a felony and said that they were now aware that it was wrong to engage in premarital sex. “It is my parents who brought the case to court, I was never defiled and I plead with the court to let my boyfriend free or we be jailed together,” XY said.
JP, who was expected to cross-examine XY, said he had no questions since she had already pre-empted whatever he wanted to ask. He said he supported the statement by XY and whatever she had stated was his position. “I have no question to ask XY and all she has told court is correct. We met and were dating and her parents decided to bring the case to court,” said JP. The judgment will be issued on September 30.