By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Criminal Court E has sentenced to 20 years in jail, a 36- year-old man, Johnson Chuluty, who raped and impregnated his teenage step daughter.
According to Court document, convicted rapist Chuluty was arrested and detained at the Monrovia Central prison on the 5th day of June 2020 by the Monrovia City Court for the crime of statutory rape.
During the May 2019 term of court, the Grand jury for Montserrado County indicted the convicted Rapist Chuluty for alleged statutory rape which is in violation of Chapter 14 section 14.70 (1)(a)(I),(b) of the new penal law of the Republic of Liberia a felony of the first degree punishable by life imprisonment.
Summary of the indictment revealed that convicted Chuluty is married to the survivor mother and they once lived in the same house in Johnsonville, Monrovia.
In 2018, the survivor mother left the house for the purpose to go sell in the market but whenever, she goes to sell, she always left the survivor with her husband to take care of her and the rest of the children.
Convict Chuluty sexually abused the survivor several times in his room resulting to pregnancy in absolute disregard of the survivor being his step daughter and a juvenile, the indictment alleged.
Convict Chuluty being escorted by court officer
That during police investigation, the defendant admitted that he had sex with his step daughter and regretted his actions but escaped to an unknown location for a year after the survivor has informed her mother that her husband Mr. Chuluty had sexual intercourse with her several times during the morning hours whenever she went to sell in the market, the indictment said.
The indictment added that when the crime was committed, the convict Chuluty was 36 year old while, the survivor was 13 year old thus committing statutory rape in violation of the New penal law of the Republic of Liberia Chapter 14 section 14.70(1)(a)(I),(b)
Which says a person has committed statutory rape if he or she penetrates the vagina or any opening of a person with his penis without the victim consent, provided that the victim is less than 18 years while the actor is 18 years or above.
The facts revealed that the 15 years old survivor informed her mother who was also pregnant but she ignored the act committed by her husband Chuluty and continued to tell her about her husband no day can’t pass sexual abused against her.
Finally, the survivor’s mother went to the police station to file her complaint while she was enroute, the convict escaped after he had impregnated both his wife and his step daughter at the same time and survivor didn’t have money to feed the both of them something that led the victim mother to send her to her grandmother in Foya, Lofa County.
During her stay in Foya, Lofa County, she narrated her sexual abused that resulted to pregnancy story to journalist in the County on video which said video went viral on the social media on May 24,2020 and May 27,2020, and said video was reported to the Women and children protection section at the Liberia National Police headquarters.
Following that a writ of arrest was issued and served thus bringing him under the jurisdiction of Criminal Court E.
On August 14, 2020, notice of assessment was issued and served for trial on August 17, 2020.
During the trial proceedings and at the call of the case, the convict pleaded guilty to his indictment and asked court to have mercy on him in line with Chapter 16 subsection 16.4 and 5 of the Criminal procedure law of Liberia and reserved ruling.
Criminal Procedure Law of Liberia Chapter 16 subsection 16.4&5 says defendant may plead guilty or not guilty, except that in a capital case only a plea of not guilty may be accepted. The court may refuse to accept a plea of guilty in any other case and shall not accept such plea without first (a) making such inquiry as may satisfy it that the defendant in fact committed the crime charged and (b) addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
Legislation: L. 1969-70, CrPL 2: 1604; 1956 Code 8: 182.
- 16.5. Arraignment, judgment, and sentence after plea of guilty.
If a defendant after indictment desires to enter a plea of guilty, he shall be arraigned immediately in open court even though the court is not then in session. If this plea is accepted, sentence shall be imposed without delay, or immediately on the receipt of a presentence report if such a report is required by law or requested by the judge.
In so doing the Court says after thorough scrutinizing of the case file, couple with the facts and circumstances and the mitigation of sentence between prosecution and defense counsels it hereby adjudges the defendant guilty for the commission of crime statutory rape and therefore sentenced him to twenty (20) years imprisonment and due to the grave nature of the inhumane act of the defendant against him own daughter.
Wherefore and in view of the foregoing facts and circumstances, defendant Johnson Chuluty is hereby ordered reminded at the Monrovia Central prison for twenty (20) years in jail commencing from the date of the Judgement Aug. 27, 2020 up to August 27th 2040.
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