A High Court Judge in Freetown has sentenced a rape convict, Mohamed Lamin Fofanah to 18 years of imprisonment after the court found him guilty of one count of rape of 18-year old deaf and dumb woman.

In his remark before passing the sentence, Justice Adrian Fisher on Friday June 20, 2025, said the sentence commences from the amount of time the convict had already spent on prison.

He said the convict earlier pleaded not guilty to the offence, giving cause for the victim and her younger sister to testify and went through serious cross examination. As a result, the ugly incident reflected in their minds.

He further noted that the convict’s action also caused him (judge) to go through the entire evidence before finding him guilty.

The judge further noted that the convict took advantage of the victim’s vulnerability as a deaf and dumb, knowing that it would be difficult for the victim to prove to other people that the perpetrator did rape her.

“But in your own case God made it possible for the victim’s sister to caught you red-handed raping her,” he said.

He added: “Even in your own statement you made to police you did not say or denied that you were not alone in the room with the victim.” He went on to say that he has no reason to doubt the evidence before the court that the accused did not commit the offence.

The judge told the convict that before now, five years was the minimum while 15 years was the maximum sentence for the offence, but with the amendment of the law in 2019, the minimum is 15 years while the maximum is life sentence.

The bench said it took into account of what the state and defence lawyers said in their plea mitigation as well that of the convict, who pleaded for mercy. He said the court also took into account of the seriousness of the offence especially the vulnerability of the victim, who can’t hear or talk.

“I have considered that it would not be appropriate for me to give a minimum sentence. I have also taken into account that what you have done has ruined the life of someone else, and I have taken consideration of all those factors and I have considered that the appropriate sentence is 18 years minus the years you have spent in prison,” the judge read.

The convict, Fofanah had earlier pleaded for mercy and said that he does not want his young child to suffer after saying that he loves his son and wife. He promised not to repeat the offence when he is set free.

He also told the court that his entire family depended on him for survival and that he has one year old boy, adding that the mother of the child is unemployed.

His Legal Aid Board Defence Lawyer, Salieu Randy Bangura told the court that the convict was a clerk of a lawyer before the incident. He asked the bench to caution and discharge him after pointing out that the convict had already learnt his lessons during the over two years on remand.

Alternatively, he pleaded for a minimum sentence for the convict to reunite with his family and provide the fatherly care to his child.

Conversely, the lead state prosecutor, Musa Pious Sesay Jr. asked for a maximum sentence after raising the issue of vulnerability of the victim.

The judge had earlier said that the prosecution led in five witnesses. He said the victim informed the court that she was deaf and dumb and that she recognised the convict as the person who had sex with her without her consent.

The judge said evidence revealed that the convict is a neighbour of the victim and her family. The convict used to assist the aunty of the victim to fetch water to their house where the victim also resides.

He said on October 11, 2023, the convict, after fetching water to the house; he was alone with the victim in the house. The victim asked him to go, but the convict refused and rather pushes the victim to the bed and brutally had sex with the virgin victim.

The victim reportedly struggled, but he overcomes her. Fortunately, the younger sister of the 18 year old victim forced open the door and caught him on top of the victim naked. The victim reportedly begged the sister not tell anyone, but she eventually reported the issue to their aunty.

Their aunty also reported the matter to the New England Police Station. The victim was reportedly taken to Rainbo Centre where she was examined.

The judge also cited testimony of the detective who investigated the case.