High Court Sentences Youth to 15 Years for Sexual Penetration of a 17-Year-Old

High Court Sentences Youth to 15 Years for Sexual Penetration of a 17-Year-Old

Justice Santigie Ibrahim Sorie Bangura, presiding over the Criminal Division of the High Court in Kono, has imposed a fifteen-year custodial sentence on Santigie Sesay for the sexual penetration of a minor.

The conviction followed the defendant's guilty plea to the charge, which constitutes an offence under Section 19 of the Sexual Offences Act 2012, as amended by the Sexual Offences Amendment Act 2019.

Court documents indicate that the incident occurred in Kono District, Eastern Province, in October 2024. The defendant was charged with engaging in sexual intercourse with a 17-year-old female, thereby contravening legislation enacted to safeguard minors from sexual exploitation.

The case was committed to the High Court after a preliminary investigation at the Koidu City Magistrate Court determined that the defendant had a case to answer. Mr. Sesay subsequently entered a plea of guilty when the matter was brought before Justice Bangura.

Prosecutor Charles Foday Sesay, Esq., informed the court that the relevant statute mandates a minimum sentence of fifteen years, with a maximum penalty of life imprisonment, for this offence. Defense counsel Alpha Osman Kamara, Esq., requested the court's leniency, citing the defendant's status as a first-time offender and his youth, which he argued supported the potential for rehabilitation. Counsel appealed for a sentence that would permit the defendant an opportunity for reform and successful reintegration into society.

In delivering the judgment, Justice Bangura affirmed that the defendant had engaged in the sexual penetration of an individual under the age of 18. He noted that the evidence presented, including medical reports and victim and witness testimonies, unequivocally established the elements of the crime.

The court acknowledged evidence that the victim, a 17-year-old girl, had been in a consensual relationship with the defendant. However, Justice Bangura underscored that, under the law, minors are deemed incapable of providing legal consent to sexual activity. 

The offence, therefore, is one of strict liability, rendering the issue of consent immaterial in determining criminal culpability. Medical evidence further corroborated the commission of the offence, confirming a ruptured hymen and injuries consistent with forceful contact.

Justice Bangura emphasized that the legislative intent is to protect minors from sexual exploitation, irrespective of the circumstances or any perceived consent. Given the defendant's admission of guilt and the comprehensive evidence, the court found no remaining doubt regarding his culpability.

Consequently, Santigie Sesay was sentenced to fifteen years of imprisonment at the Kono Male Correctional Facility, a judgment that highlights the severe punitive measures for such offences under Sierra Leonean law.