Man convicted of incest after repeatedly defiling 10-year-old daughter who contracted HIV

A 45-year-old man has been convicted of incest after the court heard how he repeatedly defiled his biological Grade 1 daughter, resulting in the 10-year-old contracting HIV. The Lusaka Resident Magistrate Court on August 6, 2026, found the accused guilty of incest contrary to Section 159(1) of the Penal Code. The matter has been referred to the High Court for sentencing after the subordinate court ruled it lacked jurisdiction to impose a penalty in such grave circumstances.

“This court has no doubt that the accused person is guilty,” Resident Magistrate Kamwala Mwamfuli stated in her ruling. Mwamfuli said the evidence presented by the prosecution was so overwhelming that it offsets any prejudice that might have arisen from the investigation. She said the brief facts of the case paint a chilling picture of systematic abuse.

“The accused, the biological father of the victim, would remove the young girl from her bedroom at night and take her to the living room. There, he would undress her and have sex with her before returning her to her bed. The abuse occurred while the mother was away in the village,” the Court heard.

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The ordeal came to light when the victim’s brother witnessed his father carrying the child to his bedroom at night and reported the matter to his mother upon her return. The victim was first taken to Chawama Hospital, where she was tragically found to be HIV positive and a second opinion at the University Teaching Hospital confirmed the devastating diagnosis. The case hinged largely on the testimony of the young victim, who bravely recounted her father’s actions before the court.

Section 78(9) of the Children’s Code Act makes corroboration of a child’s evidence discretionary rather than mandatory, and the magistrate found the prosecutrix to be a credible and reliable witness. The court heard how the child demonstrated with dolls what her father would do to her, pointing to a penis on a doll and telling the court: “This is what my father would use.” She identified the accused as her biological father and told the court she could see him at night because there was a light. Medical evidence from Dr. Mary Mulenga, who examined the victim, provided critical corroboration, however while the child’s hymen was found intact and there were no visible injuries, the doctor testified that a foul-smelling discharge was “very suggestive of a sexually transmitted infection.”

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