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Two Bauleni men convicted of rape after victim gives birth to twins

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A Lusaka court has convicted two Bauleni men of rape, paving the way for a possible minimum 15-year mandatory sentence with hard labour after their victim fell pregnant and later gave birth to twins.

Elias Zulu, 27, and Davies Kawala, 22, were found guilty by the Lusaka Magistrates’ Court after evidence established that they took turns raping the woman on October 31, 2024.

Court records show that the victim, identified as Kate (pseudonym), had been escorted by the two men before the attack occurred near the Zambia Air Force boundary fence in Bauleni.

In their defence, the accused denied rape, claiming the encounter was consensual and alleging that the woman had asked for K300 in exchange for sex, later reporting them due to delayed payment.

But prosecutors dismissed the claims as fabricated, arguing they were a calculated attempt to escape criminal liability.

Delivering judgment, Magistrate Kawama Mwamfuli said the defence was inconsistent and lacked credibility.

“The complainant’s testimony was supported by independent evidence, and her conduct in reporting the matter is not consistent with the accused’s version of events,” she said.

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The court heard that the victim initially concealed the assault from her mother due to threats on her life but later reported the matter to police.

Testimony from the victim’s mother showed she noticed her daughter was unwell in the early hours of the following morning, though the full details only emerged later.

Medical and investigative evidence confirmed that sexual intercourse had occurred, and a pregnancy was detected weeks after the incident.

The court further noted that the accused attempted to settle the matter out of court after the report was filed, including offering money to the victim’s family.

Magistrate Mwamfuli ruled that prosecutors had proved beyond reasonable doubt that the sexual acts were non-consensual and involved both men.

Zulu and Kawala have since been committed to the High Court for mitigation and sentencing.

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