Judge frees rape suspect, adjudges sex with 'victim' consensual

A 33-year-old man who was on trial over alleged rape has been acquitted and discharged by a High Court judge who said the sexual intercourse was consensual.

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Adekunle Samson, from Nigeria, had been facing trial three years after he was charged with rape, reports say.

He was first arraigned before the court on November 5, 2019, on one count of rape, to which he pleaded not guilty.

“Adekunle Samson, on April 25, 2018, at Ise Ekiti, did rape one Yemi, contrary to Section 358 of the Criminal Code Law, Cap. C16, Law of Ekiti State, 2012,” the charge sheet reads.

But at the end of the trial, Justice Bamidele Omotoso of an Ekiti State High Court sitting in Ado Ekiti cleared Adekunle Samson of any wrongdoing.

According to him, the prosecution failed to prove the guilt of the accused person beyond a reasonable doubt.

“I have come to the conclusion that the prosecution has failed to prove beyond reasonable doubt the allegation of rape against the defendant.

“I found as a fact that there existed an amorous relationship between the defendant and the victim prior to the incident and that alleged sexual intercourse which prompted the police to arrest the defendant and arraign him before this court was done with the consent of the victim.

“In conclusion, the defendant, Adekunle Samson, is hereby discharged and acquitted of the offence of rape,” Justice Bamidele Omotoso ruled.

Police prosecutor Richard Olowoyo had called three witnesses, tendered a medical report and a cutlass as exhibits to prove the charges proffered against the suspect.

The young man, on his part, called no witness but only spoke through his lawyer.

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