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.

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.”

She explained to the court that though the child’s hymen was intact, HIV can be transmitted without full penetration, a reality that challenges dangerous myths about what constitutes sexual abuse.

“Some injuries heal quickly. The child’s opening is still very small, and only slight penetration is possible. But even slight penetration is sufficient for the offence of rape,” the doctor testified

In his defence, the accused attempted to shift blame to his son and suggested his wife had falsely implicated him because of marital disputes over money and a transfer to Malawi.

He produced an audio recording allegedly showing the wife’s malicious intent. However, the court dismissed these claims, noting that the mother’s actions were inconsistent with someone who had falsely accused her husband.

The court heard how the mother had attempted to bribe police to secure the accused’s release from custody, an act Magistrate Kawama found incompatible with a fabricated accusation.

The accused also questioned why police never interviewed the two brothers alleged to have also had carnal knowledge of the child.

The magistrate acknowledged a “dereliction of duty” by the arresting officer but found the prosecution’s evidence so overwhelming that the failure did not prejudice the accused.

Meanwhile, the National Prosecution Authority said the case had reignited calls for urgent action to combat child sexual abuse, which UNICEF and the Zambian government have declared a national crisis.

According to the Zambia Demographic and Health Survey, approximately one in three women aged 18-24 report having experienced sexual violence before age 18.

This case was prosecuted by Principal State Advocate Monde Muyoba-Chizongo and state advocate Grace Katoka from the Gender Based Crime and Child Protected Department of the National Prosecution Authority.

The Authority has pledged to pursue the case vigorously at the High Court level.

The victim is currently receiving medical and psychosocial support, the court heard. The matter is expected to be causelisted in the High Court soon.

The accused’s name as well as the names of all the witnesses have been purposefully withheld to protect the identity of the child victim.

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