20 Oct 2015 13:30pm
RUNDU, 20 OCT (NAMPA) - A 21-year-old Rundu man was sentenced to three years in jail for burning his girlfriend with a hot electric iron after she refused him sex because she was on her menstrual cycle.
The accused, Kalimbula Ephraim Kalimbula, pleaded guilty to the charge of assault with intent to cause grievous bodily harm read with the provision of the Domestic Violence Act 2003.
However, Rundu Magistrate Ileni Velikoshi entered a plea of not guilty, because Kalimbula, in his defence, said he did not intend to cause or inflict serious injuries.
During her testimony, the complainant, Sarafina Ndinelago Albert, informed the court that Kalimbula was her ex-boyfriend at the time he assaulted her, but they were still involved in a sexual relationship.
On the day of the attack, 21 Feb 2015, Albert visited Kalimbulas house on his request and found him getting ready to iron his clothes as they were planning to go out that night.
She told the court that Kalimbula suggested sexual intercourse before they go out but she refused and told him it was not possible because she was on her menstrual period.
Dissatisfied with her response, Kalimbula grabbed the iron and burned Albert all over her body: on her left foot; right leg; on the sides of her ribs; lower abdomen; under her left arm; and on top of her right arm.
She also burned her hands while attempting to block the hot iron.
According to Albert, her attempts to flee from Kalimbulas attacks failed because she was in too much pain.
Kalimbula then allegedly apologised for his actions, but demanded they take a shower together.
The court heard that while in the shower, the accused grabbed both her hands and assaulted her with fists and open hands.
He then forcefully held open her mouth under the open shower head in an attempt to drown her.
She lost consciousness and when she woke up the accused continued to threaten her, telling her Today I will kill you.
Albert managed to run away naked to seek help from the neighbours.
The neighbours accommodated her for a short while, and put her on a taxi to go to the hospital.
She told the court that the accused was drunk and repeatedly uttered that he needed that thing (sex).
During cross examination, the accused denied all allegations, saying he knew that the complainant was on her menstrual cycle, because she had slept at his place the previous evening and thus could not force her to engage in sexual intercourse.
Velikoshi, however, found the accused guilty of the charge of assault with intent to do grievous bodily harm.
The magistrate sentenced Kalimbula to four years direct imprisonment of which one year was suspended for a period of five years on condition that the accused is not convicted of assault with intent to do grievous bodily harm during the period of suspension.