The day I watched a five-year-old brave what no child should
A girl defiled by a 'pastor and prophet' in Busia County in this photo taken on August 1, 2024. .
What you need to know:
- I witnessed a five-year-old girl testify against her teacher in a closed courtroom, where a skilled female magistrate used gentle conversation about hairstyles and birthdays to help the child share her story of sexual abuse.
- Though I've covered many similar stories, watching this brave little girl face her alleged abuser while two male lawyers questioned her about the assault left me in tears and filled with rage at such violation of innocence.
Recently, I interviewed magistrates who shared their perspectives on how they create a child-friendly environment for children to testify.
Out of curiosity, I requested one magistrate to allow me to attend a session where a child who had been defiled was to give evidence.
Children provide their testimonies in private, so I am unable to report on the specifics of the child’s testimony. The experience shattered my heart into tiny pieces.
I sat on the back bench of the closed courtroom, with an orderly guarding the door to ensure that no one entered. Another orderly was playfully conversing with the child sitting on a bench next to her guardian.
Meanwhile, the prosecutor and the advocate for the accused were flipping through their files. They were seated in adjacent chairs. Both were men. A five-year-old girl was about to testify before the magistrate and the accused regarding what had transpired.
Just before the magistrate — a woman — entered the courtroom through her designated door, the orderlies pulled two chairs closer to her seat — one for the child and the other for her guardian. They took their seats.
When she walked in, her first interaction with the child was a high five and a warm hug.
Then the accused entered — a young man, probably around 23 years old, judging by his youthful appearance.
The magistrate exchanged pleasantries with the child, which I realised was a nuanced way of eliciting information from her.
“You’re looking beautiful. I love your hair,” she said to the child.
“Do you like my hair? Would you like yours plaited like mine?” she asked the child.
“Yes!” came the enthusiastic response.
The magistrate continued, “When is your birthday? I’m going to buy you a gift.”
“Which school do you go to?” she inquired.
Finally, she asked if the child could identify the man sitting in the dock. The child confidently identified him as her teacher.
The magistrate then introduced her to the prosecutor, who appeared to be in his 40s. When the prosecutor stood up, my stomach churned. His chair was directly opposite the child’s, and he stood facing her.
I felt too apprehensive to listen to the graphic details of the violation.
He began by explaining what he was going to do. He was friendly and asked questions in a soft and gentle manner. I noticed they used euphemistic language to refer to some of the more graphic information, and the child responded well.
Among the questions posed were about the environment in which the abuse occurred, how she found herself in that situation, how she realised she had been abused, what the accused told her afterwards, and what happened to her following the abuse.
Cross-examination
I became so immersed in the interrogation that I cried throughout the session. I lost track of time, but it couldn’t have lasted more than 20 minutes.
Then it was time for the advocate for the accused — who looked to be in his 50s — to cross-examine.
He stood up from his seat and approached the child. In less than three minutes, he had completed the cross-examination. His questions focused on whether the accused was indeed the person she had seen abuse her and whether she had seen the actual object that touched her private parts.
By the time I left the courtroom, my entire body was heated with anger. I sincerely hope the girl receives the justice she deserves.
