Crime & Punishment of Saturday, 8 March 2014


Mason jailed for defiling girl, 13

A mason has been slapped with a seven-year jail term for defiling a 13-year-old girl resulting in her pregnancy.

Emmanuel Gyau, had chanted incantations on February 20, 2014 in his bid to "spiritually influence" the trial judge but that did not yield any positive results.

The trial judge on that day noticed his weird behaviour laced with incantations and murmurings and warned him that “the law is the law, incantations will not help you.”

Gyau had pleaded guilty to defiling and impregnating the girl and was convicted on his own plea by the court, presided over by Ms Ellen Vivian Amoah.

Gyau had earlier pleaded not guilty to the charge of defilement but changed his plea to guilty with explanation on February 11, 2014.

February 11 plea

Gyau pleaded with the court to temper justice with mercy. “I will accept the pregnancy and look after the girl to be delivered of the baby. Please temper justice with mercy.”

While admitting to sleeping with the victim, Gyau maintained that he did not force her into the act but rather proposed love to her.

Facts of the case

The prosecutor, Inspector Kofi Atimbire, had told the court that the complainant in the case, Ms Leticia Afotey, is the sister-in-law of the victim and lived in the same vicinity with Gyau at Nungua, a suburb of Accra.

Sometime in December last year, the victim and her younger brother went to town to sell satchet water.

Gyau approached the victim to buy some but unknown to the victim, Gyau had the intent to sleep with her.

Mr Atimbire said to carry out his intention, Gyau sent the victim’s younger brother to go and buy him biscuits and as soon as the young boy left the scene, Gyau held and dragged the victim into a wooden structure which served as his sleeping place, and sexually abused her.

To muffle her shout for help, Gyau used his hand to cover the victim’s mouth.

After the act, Gyau abandoned the crying victim in the wooden structure until she was helped to come out by her younger brother who had then returned from the errand.

Gyau later reappeared and gave GH¢3 to the victim as transport.

“The victim kept her ordeal, but kept reporting sick periodically,” Mr Atimbire said.

He said this made Ms Afotey, who suspected that the victim was pregnant, to interview her following which she mentioned Gyau as the culprit.

The complainant then reported the matter to the Domestic Violence and Victims Support Unit (DOVVSU).

Ultimately, a hospital confirmed that the victim was two months-and-a week pregnant.