21-year-old man jailed for 20 years for defiling teenager

**The girl's admission that he was her boyfriend could not save him from jail because she is a minor.** [iStockphoto]

A man has been jailed for 20 years for defiling a 13-year-old girl in Homa Bay County.

Joseph Opiyo, who is said to have lured the teenager to his house on several occasions and defiled her, was on Wednesday found guilty of the offence by an Oyugis court.

Opiyo,21, was convicted for having carnal knowledge of the minor inside his house in Kawuor, Rachuonyo East sub-county on May 15, 2022.

He appeared before Oyugis Principal Magistrate Celesa Okore where he faced two counts. The second count was that of engaging in an indecent act of touching the minor's private parts.

Opiyo had denied the charges.

The prosecution brought in five witnesses, including the victim, who testified against Opiyo. The girl, in her testimony before the court, admitted that she had known Opiyo for one year and that they had been engaging in sex before the man was arrested.

The girl admitted that she had gone to Opiyo's house on the day he was arrested. She said the man had invited her to the house before his police pounced on him.

The court heard that Opiyo, in one of their encounters, forced himself on the minor after she declined his sexual advances.

The convict was busted by the minor's father who was in accompany of police and a local chief, the court heard.

Investigations, including medical reports, proved that the girl had been defiled. She was taken to hospital and a medical examination showed that her genitals showed signs of penetration.

Ms Okore, in her judgement, said the girl's admission that the man was her boyfriend could not save him from jail because she is a minor.

"The girl is still a minor and it is illegal for her to have carnal knowledge of her. She is a minor and is prohibited by the law from giving consent to sex. The court concludes that the accused person took advantage of her age to violate her right by defiling her," Okore said.

The magistrate said Opiyo committed the offence deliberately.

"It does not matter whether the victim agreed to have sex with him or not. The court finds him guilty and will serve the jail term," said Ms Okore.

Opiyo has 14 days to appeal.