Man, 37, gets 9 years in jail for raping mentally impaired woman

High Court in Luweero District has handed a 9 year jail term to a 37-year-old man after he pleaded guilty to the charge of raping a mentally impaired woman, an act the trial Judge Steven Mubiru described as cruel.
Court heard that Habib Kasamba, a resident of Kyamutakasa village in Nakaseke District committed the crime on August 17, 2015 at the same village.

After being convicted, Kasamba pleaded with court to hand him a lenient punishment saying he has a family and children who need his support as a father.
The trial Judge gave Kasamba chance to suggest the type of punishment which he felt was lenient and corresponds with the crime. Kasamba suggested a three year jail term.

The defence lawyer, Mr Sowali Katamba, also asked for a lenient punishment saying his client was a first time offender and had not wasted Court’s time and resources as he pleaded guilty.
“The convict appears very remorseful and has been on remand for more than two years,” Katamba told Court.
Earlier, state prosecutor Beatrice Alok had prayed for a deterrent punishment of 30 years describing the act of rape as inhumane.
“The conduct of the convict was inhumane and left the victim traumatized. He took advantage of the victim who is mentally impaired,” Alok told Court on Tuesday.

“I have considered the submissions the state prosecutor because the victim was mentally impaired and violence was used. I would have considered a 20 year jail sentence but because you pleaded guilty and you are relatively young, the sentence has been reduced to 12 years. I have also deducted the two years and five months you have served on remand to hand you a jail sentence of nine years and seven months. You have a right to appeal the sentence if you’re not satisfied with my decision,” Justice Steven Mubiru ruled.