Judge Sharon Newa found Nelson Kapandula guilty of having carnal knowledge of his sister, whom he knew very well to be of an unsound mind or an imbecile.
The offence was committed between January 1, 2010 and May 29, 2018 in Rufunsa district.
Judge Newa found that Kapandula was among men, who sexually abused the victim and fathered her first child of the three that she has as established by the DNA tests that were conducted.
“The convict being a biological brother to the victim was aware that she is an imbecile who had no capacity to defend herself, but took advantage of her sexually,” she said.
Judge Newa said there was no excuse for Kapandula’s behavior as he should have been in the forefront to protect his sister.
She said although Kapandula was a first offender who deserved leniency, the case makes sad reading that the victim is an imbecile and his sister.
“Such behavior should not go unpunished to serve as warning to would be offenders. Further, society should know that even mentally incapacitated persons have full rights just like normal people,” she said.
She sentenced him to 50 years imprisonment with hard labour with effect from April 30, 2020, the day he was convicted.