R v Williams
Case brief:
A choirmaster with a nice esuuti had intercourse with his pupil by making her believe that the act would improve her singing.The girl approved of the act and proceeded to dishing out the slices.The choir master was charged with rape.
Brief discussion:
The act of rape,as defined previously in the Penal Code involved the penetration of a female genitalia without lawful consent.
However,the definition was outdated as the Sexual Offences Act,No. 3 of 2006 defined rape as unlawful penetration of a persons genitalia without consent;Penetration is consequently defined as the complete or partial insertion of ones genitalia into anothers genitalia,the complainant and accused being of either gender;male or female(and soon to come trans)
Issue:So why was Mr. Williams convicted of rape yet the complainant consented?
The Sexual Offences Act makes it an offence of rape where consent is obtained either by force,fraud and false pretence.This is to say,sexual intercourse is only legal if each of the parties,being able to appreciate the nature of the act(benefits or consequences) willfully consents to the act without compulsion either by force,false pretence,undue influence or fraud as in the case of Mr. Williams
So if you find yourself munching on unconcious female specie,using Ronophynol,Crazy Cock,Guarana etc. you might be risking a maximum sentence of life imprisonment or if the judge hates the shape of your head,punishment by death.
Meanwhile,shimo mbaya ni ya nyoka.Ikikushinda kawasaki ulale.
Ni hayo tu.
It is immaterial whether the act or omission is done in the benefit of the victim in this case “better vocals”…,what the law is concerned about is whether lawful consent was obtained before the act.And again,the Sexual offences Act is prohibitive compared to an Act like Sale of Goods Act where each party has freedom to contract; eg penile stimulation (of man of keybord) for improved vocals.In that case,the girl would sue for a breach of a fundamental provisoon on their contract.
Asande.
Ushai enda shift na beshte yako kukula slices kwa giza na uyo dem anathani ni johny…sasa hampigi sauti na mnashare spray kiconceal smell…kumbe hata kamau ameingia set na hamwezi mkataza kukamua nyoka.Hiyo ni false pretence.
Seduction,in my opinion is not false pretence as the one being eaten is able to appreciate the nature of the act and kama alikua akupee atakupea with or without lies kulingana na uko na gotv,startimes ama DSTV kwa nyumba.
