Gender Based Violence special court, officially inaugurated in Nov. 2020 during #16DaysofActivism - courtesy

The Gender-Based Violence Court in Juba has freed a young man accused of abduction and defilement, after a medical specialist used dental arrangement to suggest the girl was not a minor.

Makur Deng Achol, 25, was accused of kidnapping a 16-year-old girl from Juba to Lakes State in October last year, in a premarital practice known as elopement.

The dispute is about whether the survivor was below 18 years at the time of commission of the elopement and of sexual activity.

The parents of the girl dragged Deng to court on accusations of abduction and repeated sexual assault against a minor.

The plaintiffs (parents) reportedly produced before the court, an age assessment certificate issued by Juba  hospital and indicating that the alleged minor was born on 27th September  2005.

On the contrary, the girl testified that she was born on 27th September 2003, that in 2021, she and her partner had agreed to go to Lakes State.

The girl told the court she accepted the accused as husband.

However, upon his arraignment, the accused confessed to having eloped with the girl. But Deng pleaded not guilty on grounds that the girl was an adult.

The court then invited a dental specialist to give a professional assessment.

The dental specialist found out, the girl wisdom teeth had erupted and thus concluded the girl might have been 18 years of age in 2021.

Judge Francis Amum said the standard of proof required in criminal litigation has shown doubtful evident, and in the event of doubt, the courts must favor the accused.

The judge said in the instant case prosecution failed to prove that the accused committed the crimes of kidnapping and defilement.

Judge Amum found Deng not guilty of violating section 247 of South Sudan Penal Act 2008.

“Criminal case is dismissed, the accused is acquitted, and prosecution is advised of the right of appeal against both dismissal of the case and acquittal of the accused person within 15 days,” Amum said reading out the verdict on Monday.

Defilement, under section 247/2 of the Penal Act 2008 can be defined as the situation in which an adult preforms sexual intercourse with a person below 18 years old.

According to section 273 of the Penal Act 2008 says whoever, kidnaps or abducts any woman with intent that she may be compelled or knowing it to be likely that she will be compelled to marry any person against her will,

Or in order that she may be forced or seduced to illicit, commits an offense and shall be addressed according to the customs and traditions of the aggrieved party, and upon conviction, shall be sentenced to imprisonment for a term not exceeding ten years or with a fine or with both.