By Amadou Jadama
Senior Magistrate Isatou Jallow of the Brusubi Court has convicted and sentenced one Abdoulie Bojang, a Gambian based in United Kingdom, to a mandatory jail term of six months for sharing a video of a sex act with an 18 -year old woman.
The court heard that the accused shared the video through his Snap chat account which went viral on the social media, an act calculated to defame or to damage the woman’s reputation.
In addition to the jail term, the magistrate further ordered the convict to pay one million dalasis as a compensation to the victim in default to serve two years in prison.
Bojang, who is currently in the country on holidays, was found guilty on single count charge of trafficking in obscene publications.
When the charge was read to him, the accused pleaded guilty after which the court ordered the prosecution to narrate the facts.
Explaining the facts, police prosecutor ASP Kinteh said the incident happened on November 27 when the victim visited the accused in his house in Brusubi.
“After having time with the victim, he gave her a T–shirt to wear and then took a video of his finger in the private part of the victim whose face is showed in full and shared the video on his Snapchat account,” the police man told an astounded audience in court.
According to the prosecutor, a couple of days later, somebody who saw the video and recognised the woman, called from Germany informing the victim that her video is on the accused person’s Snapchat account.
“Upon receiving that information, the victim confronted the accused on the matter and reported it to the police who arrested the accused, who admitted the offence and was cautioned and charged,” the policeman told court .
Counsel F Bondi, lawyer for the convict begged the court to temper justice with mercy as his client is a first time offender with no previous conviction. He added that his client is the breadwinner of his family, and he came here to visit and to take care of his sick mother .
In handing down her sentencing, presiding magistrate Isatou Jallow said she has considered the convict’s plea for leniency and the fact that he did not waste the court’s time.
But she said the conduct of the convict has a lifetime effect on the victim and that cannot be overlooked. She further stated that it is in evidence that the victim is just 18 years old at the time of the incident, and though not a minor by law, but still considered very young.
Magistrate Jallow added that there is a reason why parties decided to conduct their intimate encounter behind closed doors and that trust should not have been breached by either party.
“The victim suffered serious psychological harm and additional degradation and humiliation from both her family and society. Her private parts are forever exposed on the internet, seen and shared several times across the world which prompted her thinking of committing suicide if not for the intervention of her family, ” the magistrate said.
“I have seen the contents of the said video myself and it is indeed very embarrassing to watch. It has exposed the face and private parts of the victim in its entirety. Therefore, the gravity of such an offence cannot be over looked, even though the convict is a British holiday maker.
I am of the calm view that the actions of the convict warrant punishment. Loss of live and property may not be a benchmark, in all cases of this nature, rather the courts examine the actions of the convict and the circumstances of the case, couple with the facts. And actions come with responsibility. The convict is an adult far older than the victim and as such, he can make decisions which he should be held accountable for,” Magistrate Jallow said. She therefore sentenced the accused to a six- month mandatory term and ordered a compensation of one million dalasis for the victim.
The magistrate further ordered that the said video shall not be further shared and any violation of this order shall amount to contempt of court.
