Mohamed Rajaf shouted Allah Akbar (God is great) in joy, after his case was dismissed by GBV court judge. (Photo: Michael Daniel).

The Gender-Based Violence court in Juba has dismissed a defilement and child marriage case against a 51-year-old Sudanese trader after the survivor testified that the man did not molest her.

Mohamed Rajab, a Sudanese trader residing in Nyakurun in Juba was accused of defiling an 11-year-old girl in early 2019.

The accused denied sexually abusing the girl but said he had intended to marry her once she is mature.

Upon arranged in court the girl negated the charge against the accused, saying she was not sexually abused.

But a medical report produced after examining the now-14-year-old girl indicates that she was molested, although it was not proven who exactly committed the act.

Only a DNA test can prove who the culprit is, but the lack of forensic lab in the country has shortened the court procedures.

While reading out the verdict, Judge Francis Amum says for any defilement case to stand, the survivor must state that the accused committed the act.

However, since the minor testified that the defendant did not commit the molestation, Judge Amum had no choice but to dismiss charges of defilement and child sexual exploitation due to lack of evidence.

Mohamed Rajab has been found not guilty of defilement.

“Criminal case is dismissed, and accused person is set free because the complainant waived the charge of sexual harassment.”

“The prosecution is advised that she has a right to enjoy an automatic right of appeal against the final order within 15 days of Judgement delivered, sealed in an open court of law and dated today6.  March .2022.”

Reacting to the ruling, the girl’s father said he acted “in the best interest of my daughter” when he waived his right to complain.

“I decided to drop this complaint because I am looking for the best interest of my daughter, and I told him that you have to pay the dowry and end the case.”

“As long as my daughter agrees, I don’t mind. I have just agreed to her request. If you take this step according to the opinion of the girl and according to our customs and traditions in the country. If you refuse, we will refuse.”

“We work according to the opinion of the girl. I am ready to go to jail as long as my daughter agrees.”

According Penal Code Act 2008, The first essential ingredient required for the establishment of defilement is proof of the fact that the survivor was below the age of sexual consent 18 years old.

The second essential ingredient required for the establishment of sexual defilement is proof that the survivor was subjected to sexual abuse.