NDOLA High Court Judge Mary Mulanda has acquitted a police officer who allegedly raped a woman at the inquires office after establishing that the sex was consensual.

This is in a matter where Dominic Miyoba, 52, was charged with two counts of rape and abuse of authority of office.

It was alleged that Miyoba, on March 22, 2020, wilfully and unlawfully had carnal knowledge of a 20 year old woman without her consent.

In the second count, Miyoba, being a person employed by the Ministry of Home Affairs as a police officer, abused his office.

Miyoba pleaded not guilty to the first count, in which he was found guilty by the Luanshya Magistrates’ Court while the second count was withdrawn by the State.

During trial at the Luanshya Magistrates’ Court, it was heard that Miyoba was found having sex with the said woman by another police officer.

In his defence, Miyoba denied having sex with the woman.

The woman told court that Miyoba forced her to have sex and threatened to beat her if she refused.

But when the matter came up for sentencing, Judge Mulanda said the lower court established that Miyoba had carnal knowledge with the woman at the inquiries office.

Judge Mulanda, however, was not satisfied that the sexual activity was not consensual.

“I am of the view that she appreciated the nature of the act she was doing. On the totality of evidence, I find that lack of consent was not proved by the prosecution. In the circumstances, I am not satisfied that the State have proved the case beyond reasonable doubt. I therefore acquit and quash the conviction of rape,” said Judge Mulanda.