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Luanshya cop accused of raping a woman at the police inquiry’s office acquitted
Published
20 hours agoon
January 26, 2021
A POLICE officer of Luanshya has been acquitted for raping a woman at the inquiry’s office, after the court ruled that the sex was consensual.
Dominic Miyoba, 52 was charged with two counts of rape and abuse of authority of office.
It was alleged that Miyoba, on March 22 last year, willfully and lawfully had carnal knowledge of a 20 year old woman without her consent.
In the second, Miyoba being a person employed by the Ministry of Home Affairs ,as a police officer, abused his office.
He pleaded not guilty to the first count, in which he was found guilty by the Luanshya magistrate court while the second count was withdrawn by the State.
And when the matter came up this morning before Ndola High Court judge, Mary Mulanda, The court established that Miyoba had carnal knowledge with the woman at the inquiry’s office.
Judge Mulanda however was not satisfied that the sexual activity was not consensual.
” I am of the view that she appreciated the nature of the act she was doing.On the totality of evidence, I find that lack of consent was not proved by the prosecution.
In the circumstances, I am not satisfied that the State have proved the case beyond reasonable doubt. I therefore acquit and quash the conviction of rape,” Judge Mulanda said.
And during trial, in the magistrate’s court, the court heard that Miyoba was found having sex with the woman by another police officer.
In his defence, Miyoba denied having sex with the woman.
And the woman told court that Miyoba forced her to have sex and threatened to beat her if she refused.
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