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"content": "knowledge of a Standard Five pupil. It can, therefore, not be proper that he was taken to court and charged with rape. This is for the simple reason that a Standard Five pupil, if the child went to school at the age ordinary children go to school, then it could only have been defilement. This is because rape is where one has carnal knowledge of another adult without consent. A child of that age is not capable, both in law and in fact, to consenting to any sexual act. Why did the State prefer a charge of rape, which was not sustainable and not a charge of defilement? That could very well have been the reason the charge did not succeed in court."
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