Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court, Ikeja on Friday convicted and sentenced a man, Lawal Moshod to 14 years imprisonment for sexually assaulting a 78-year-old woman (names withheld), now deceased.
Justice Oshodi jailed the convict after he found him guilty of a one-count amended charge of attempt to commit sexual assault by penetration contrary to Section 262 of the Criminal Law of Lagos State.
The defendant had earlier pleaded not guilty when arraigned on May 13 by the prosecution, Mr Bolu Okeowo, but when he was re-arraigned on May 30, 2024, on the amended charge, he changed his plea to guilty.
The judge then asked the defendant whether he understood the content of his guilty plea and the obligation of the court to give out the maximum sentence on the charges.
Lawal admitted he made the plea bargain voluntarily and was satisfied by the advice of his counsel.
In his judgement, Justice Oshodi held that the convict was charged on a lone count charge of rape through an information dated August 26, 2019, which was filed on September 9, 2019, and he pleaded not guilty to it on May 13, 2022.
The judge sentenced the convict to 14 years imprisonment on the one-count charge after considering the plea bargain agreement between the prosecution and defence counsel.
The court ordered that the 14 years imprisonment commenced on January 2, 2019, the day he was remanded.
He stated that though the victim is dead already, one can imagine the pains of a 78-year-old woman who suffered dementia.
“One can imagine the pains, suffering and anguish you inflicted on her; her family will live with that painful reality,” he said.
The judge ordered the convict to be returned to the Kirikiri Medium Custodial Center and for his name to be included in the Lagos State Sexual Offenders Register.
Earlier, before the verdict was handed down, the Prosecutor told the court that she called two witnesses and tendered some exhibits to prove his case.
Okeowo urged the court to sentence the convict according to the plea bargain agreement dated May 30, 2024.
He also stated that “the defendant met the survivor, a 78-year-old woman, now deceased, in Maryland, on January 2, 201; she had dementia and could not find her way home.
“The defendant offered to assist her as it turned out it was a deliberate act to abuse her sexually.
“The defendant took the 78 years old survivor to a secluded area and raped her. Some Good Samaritans heard her cry and mobilised to rescue her.
“She was taken to the police station, and it was confirmed that the survivor was bleeding through her private part and bruises on her face.
“She was later taken to Mirabel Medical Center for examination. The medical examination result was received as Exhibit F in evidence, which documents physical trauma and forceful penetration of the survivor’s virginal.
The prosecutor further informed the court that both parties had entered a plea and sentence agreement dated May 30, 2024.
When Justice Oshodi asked the convict if he had anything to say to the court, he urged the court to forgive him.
The defence counsel, Oyebanji Yusuf, pleaded to the court to temper justice with mercy.
He said, “He is remorseful towards what he has done; I plead to this honourable court to temper justice with mercy. He committed a very grievous offence considering the age of the victim.”
The prosecutor, however, urged the court to sentence the defendant, according to the plea bargain.
“My lord, we urge this honourable court to sentence the defendant according to the plea bargain. The plea bargain agreement does not reduce the gravity of the offence committed by the defendant.
“The victim was 78 years old; she only sought help from the defendant. He took advantage of it and raped her, which caused the victim a lot and led her to her death.”
She added that this will send a powerful message and signal to society.
“My Lord, this will send a powerful message and signal to the society that sexual abuse will not be tolerated in the society.”
“We also asked that his name should be registered in the sexual offenders register,” he said.