For raping his wife's niece, a Lagos doctor has been sentenced to life imprisonment.
Femi Olaleye, the managing director of Optimal Cancer Care Foundation, has been sentenced to life imprisonment for raping his wife's niece.
The judge, Rahman Oshodi of the Ikeja Sexual Offences and Domestic Violence in Lagos, found the doctor guilty on Tuesday.
Mr Olaleye was arraigned on a two-count charge of defilement and sexual assault by penetration of his wife's niece, offenses which he was alleged to have committed between March 2020 and November 2021.
The defendant was arraigned on November 30, 2022, and he pleaded not guilty to the offences.
"Femi Olaleye, I have convicted you of defilement and sexual assault by penetration. This charge has a mandatory sentence of life imprisonment. Accordingly, I sentenced you to life imprisonment on count one and two. On each count, the sentencing will run concurrently," the judge ruled.
Backstory
The prosecution presented at least seven witnesses. However, one was "withdrawn."
The witnesses include the defendant's wife, who reported the case to the police, the alleged survivor, (name withheld); a child forensic specialist; Bisi Ajayi-Kayode, a police inspector, Esther Igbineweka; a medical examiner, Akinbunmi Oyebimpe and Abe Leonard; a police officer.
Judgment
In his ruling, the judge said he believes the testimony of the survivor that the defendant raped the survivor and forcefully inserted his penis into her mouth.
He dismissed the claim of the defendant that the survivour was tutored and tortured to say she was raped, adding that the survivour was "consistent" with her testimony.
The judge also rejected the arguments of the defense team that the survivor was 18 years old when the incident happened and that the survivour had sexual intercourse with two adults at their residence.
"The sexual abuse came with a threat. The defendant had groomed the prosecutory (referring to the survivor) with pornography," the judge said.
"The prosecutory did not consent and did not willingly suck his penis.
"I'm satisfied with prosecutory's evidence that the defendant had sex with her and inserted his penis in her mouth and ejaculated.
"I believe the prosecutory that he forced her to suck his penis. I believe that the first time he had sex with her, blood gushed out of her vagina. Her evidence greatly implicates the defendant."
On the argument of financial motivation, the judge held that the issues raised by the defendant that his wife was motivated by financial gains was to "deflate" the evidence of sexual abuse.
The defense lawyer had claimed that the survivour was tutored by the defendant's wife to lie against him as part of the scheme to take over his properties.
"The defendant said his wife was motivated by financial gains, including taking the family home in Maryland, Lagos, Mercedes Benz, money in their joint account and custody of their two children," the judge ruled.
"Let me immediately say that these issues will not deflate the evidence of the prosecution on the issues before the court. The issue is this - did the defendant have sexual intercourse with the prosecutory and force her to suck his penis? The answer is yes."
Ms Oshodi held that the court cannot believe the testimony of the defendant, adding that the defendant lied to the court.
Sentence
The judge ruled that the prosecution team was able to prove beyond reasonable doubt counts one and two filed against the defendant.
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"I, therefore, feel satisfied that the prosecutor has established that (a) the prosecutory was a child by section 261 of the Child Rights Law of Lagos state 2015, the defendant had sexual intercourse with her by putting his penis in her vagina, the defendant also forced his penis into her mouth and ejaculated," the judge ruled.
"I must conclude that the prosecution has established counts one and two against the defendant beyond reasonable doubt. I, therefore, find the defendant guilty as charged."
The judge said that Mr Olaleye must be confined to the prison for a long period of time to convey that the justice system frowns at sexual violence.
The judge added that the name of the defendant should be added to the Lagos State sex offenders register.
"Femi Olaleye, I have convicted you of defilement and sexual assault by penetration. This charge has a mandatory sentence of life imprisonment. Accordingly, I sentenced you to life imprisonment on count one and two. On each count, the sentencing will run concurrently," he ruled.
