Elated Andrew Vortia with Queenie in court yesterday
An Accra Domestic Violence and Gender-Based Court has acquitted and discharged 26-year-old Queenie Akuffo, who was standing trial for sexually assaulting her female co-tenant with a vibrator – a sex toy.
The court, presided over by Abena Oppong Adjin-Doku, said it was unable to convict the accused because the act was consensual.
State prosecutors, led by Detective Inspector Judith B. Asante, marshaled five witnesses, including the investigator, to testify in the one-year-old case while Queenie presented one witness Dorcas Manubea Atiemo, a cleaner at the Ministry of Information, as her sole witness.
Dorcas had mounted a spirited defence of the accused person whom she said is her (Dorcas’) sister.
The defence lawyer, Andrew Kudjo Vortia, had insisted that the act between the two was consensual.
Queenie allegedly committed the act at about 6pm on January 25, 2016 at Ablekuma in Accra, where she and Janet Amankwah, the victim, reside.
According to the prosecution, Queenie asked other witnesses who were with her to leave her room and then locked her bedroom; but a 13-year-old girl went to peep through the window and saw her (Queenie) inserting the artificial male organ into the private part of Janet.
Prosecuting, Detective Inspector Judith Asante, told the court that Comfort Sam is the complainant and mother of Janet Amakwah, who is a nursing mother.
She said on January 25, last year, at about 1800 hours, Queenie sent the victim’s younger sister – a witness in the case – to go and call the victim which the witness obliged.
Detective Inspector Asante said when the victim arrived, Queenie offered her Vodka beer and other varieties of drinks after which the victim got intoxicated. Queenie then lured her into her bedroom.
The prosecution said Queenie asked other witnesses around to leave and she locked her bedroom.
Detective Inspector Asante said a 13-year-old, who is a witness went to peep through the window of the accused and saw Queenie inserting the artificial penis into the victim’s vagina.
The witness informed the victim’s brother known as Nana Sasu and he also alerted their mother (the complainant).
The Prosecutor said the witnesses rushed to the aid of the victim and saw her lying naked in the accused person’s bedroom with vomit all over her.
But the court, after full trial, yesterday cleared Queenie of any wrongdoing.
The judge said from the video recording, there was no dispute that the said act took place but the act could not be termed as unnatural carnal knowledge.
The trial judge stressed that for the act to be described as such, there ought to be penetrative genital to genital sex.
She said two adults stimulating each other cannot be termed as such and cannot conclude that the act falls under unnatural carnal knowledge.
The court held that the accused should have been charged with indecent assault.
Ms Adjin-Doku said indecent assault is a sexual violation of someone without her consent and wondered if the act was without the consent of the complainant.
She said from the victim’s evidence, she claimed that she was drunk and did not know what happened, but the doctor who examined her said the victim told her (doctor) that she had been sexually assaulted by the accused.
The court wondered how Janet claimed she did not see the act but yet was able to tell the doctor whatever happened.
Ms Adjin-Doku said the video showed that the victim was conscious and could have resisted the act.
According to the judge, there was a voice on the video recording asking Janet to ‘Open up,’ an indication of consent.
Meanwhile, the court has ordered that the Infinix mobile phone in the custody of the prosecution should be released.
By Jeffrey De-Graft Johnson
jeffdegraft44@yahoo.com