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How far would you go to save your marriage? Scream 'rape'!

Living
 When caught cheating, men and women engage in all manner of face-saving theatrics in a bid to absolve themselves.

When caught cheating, men and women engage in all manner of face-saving theatrics in a bid to absolve themselves. Such was the case in Lowabere area, Samburu County, with a cheating wife claiming that her secret lover was actually a rapist!

The woman, name withheld, found herself between the hammer and an anvil, after she infected her husband with gonorrhea, which she had contracted from her secret lover.

In a bid to save her marriage, the cheating wife accused her secret lover, Lekasis Lemaria of having visited her as a friend, raped and infected her with the disease.

She told her husband that the incident had happened a while back, but she was too embarrassed to report it to the authorities or to him (her husband).

So determined was the woman that her 36-year-old lover found himself in court to answer to charges of ‘rape’ and ‘infecting neighbor’s wife with gonorrhea’, among others.

The woman claimed that her lover, had visited her in the absence of her husband, lured her using alcohol before raping her at around midday of May 1, 2013.

Upon returning from a business trip in Rumutu, Laikipia County, the woman’s husband began experiencing symptoms associated with gonorrhea days after sleeping with his wife.

His worst fears were later confirmed by a medic at Maralal district hospital where he went to seek medical attention. The following day, he decided to take his wife to the same hospital where she, too, was diagnosed to have gonorrhea before revealing she had been raped by the appellant.

In his defence, the appellant claimed he was only a family friend and the charges leveled against him were malicious and ought to be dismissed with the contempt they deserved.

“He (the appellant) gave me alcohol to drink and I became drunk then had sex with me several times without my consent until 4am when he left,” the complainant told the court.

She further disclosed that appellant had been looking for an opportunity to have sex with her and that he took advantage of her drunkenness that day.

“He used to come to my house whenever my husband was not around and nagged me for sex. But I never reported him to my husband, seeing as he was a friend,” she said.

The case dragged on for a while, with Lemaria in police custody before the lower court convicted him on all the three accounts, seeing as there was proof of penetration, among others.

Lemaria, however, appealed the case at the high court, where the woman’s conflicting testimony cast doubts as to whether it was a case of sex without consent, or she merely threw her secret lover under the bus to save her marriage.

According to High Court judge Mary Kasango, conviction of the appellant was a big mistake, seeing as the judgement relied on details that the prosecution failed to satisfactorily prove beyond reasonable doubt.

“The trial court’s conviction on the three counts is quashed. The sentences on the three counts are set aside. The court orders that the appellant be set free from custody unless he is otherwise lawfully held,” directed the judgment delivered a fortnight ago at the High Court in Nanyuki.

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