By Amadou Jadama
Senior Magistrate Ismaila Dibba of Basse, has asserted that under Gambian law, rape is among the most serious offences, and therefore perpetrators should not expect leniency in sentencing.
Magistrate Dibba said this on Wednesday while sentencing one Ebrima Trawally to a mandatory jail term of 10 years with hard labour for raping a 16-year-old girl in Basse.
Trawally, unrepresented by a lawyer, was also ordered to pay D200,000 as compensation to the victim for the “irreversible physical and psychological harm” caused to her and to serve an additional two years in prison in default.
Mr Trawally was found guilty on a single count charge of rape.
In handing down the judgement, Magistrate Dibba said the convict entered a plea of guilty immediately after the charge was read to him and thereby spared the state and the victim the ordeal of a full trial.
He added that while the court acknowledged the convict’s early guilty plea and the fact that he is a first-time offender, these factors though relevant in mitigation “cannot eclipse the gravity, brutality, and profound harm occasioned by his offence”.
“The evidence before this court establishes that the convict has committed rape in a manner that was callous, insensitive, and demonstrative of a shocking disregard for the bodily integrity, dignity, and humanity of the victim,” he said.
Magistrate Dibba further told the court that rape is not merely a sexual offence, stating that it is an offence of violence, domination, and profound violation.
He further stated that “it strips the victim of autonomy, inflicts deep psychological wounds, and often leaves scars that last for a lifetime”.
The trial magistrate further charged that in this case, the physical injury was compounded by the irreversible loss of the victim’s virginity and the attendant social, emotional, and psychological consequences that flow therefrom in our societal context.
He added: “Under The Gambia’s legal framework, rape is among the most serious offences against a person, attracting severe punishment to reflect societal condemnation, deter potential offenders, and protect the vulnerable. While an early guilty plea ordinarily warrants a discount in sentence, such discount is not automatic and must be calibrated against the gravity of the offence and the harm caused… Let there be no misunderstanding, this court maintains a policy of zero tolerance towards rape and all forms of violence against girls and women. Rape is an abhorrent crime that dehumanises the victim and strikes at the foundation of a just and orderly society. Perpetrators should expect no leniency where the violence is extreme, the harm is profound, and the conduct demonstrates a brazen disregard for the law and human dignity. The sentence imposed today is intended not only to punish the convict but also to serve as a stern warning to all who may contemplate such actions. The Gambia’s courts will not be soft on rape,” Magistrate Dibba emphatically stated.