Man sentenced to life in prison for raping 4-year-old girl

The prosecution alleged that the accused sometime in June 2025 in the West Coast Region of the Republic of The Gambia and within the jurisdiction of the High Court intentionally under coercive circumstances, engaged in a sexual act with a four-year-old (name withheld) thereby committing an offence.

After Jobe pleaded not guilty, the prosecution called eleven witnesses and tendered eighteen exhibits to prove its case beyond a reasonable doubt.

At the close of the prosecution’s case, the accused person testified and called no witnesses or tendered any exhibits.

After the close of the defence case, both parties were ordered to file their brief of argument. The Prosecution filed its brief of argument on 12 March 2026. The Prosecution referred the Court to a plethora of cases and statutory provisions and urged the Court to convict the accused. It was their argument that the ingredients of the offence of rape had been established beyond a reasonable doubt.

The Defence filed its brief of argument on 17 April 2026. The Defence also cited statutory provisions and judicial authorities. It was their position that the Prosecution had failed woefully to prove its case beyond a reasonable doubt.

However, in delivering her judgment, Hon. Justice Jobarteh found that the prosecution proved its case beyond a reasonable doubt.

Hon. Justice Jobarteh said the evidence established that shortly after leaving the vicinity where the accused was present, the victim returned home bleeding profusely.

She said that PW1, PW2, and PW3, all testified that there were blood stains on the victim. She said the consistency across the prosecution witnesses is significant.

“None of these witnesses materially contradicted each other regarding the condition of the victim immediately after the incident,” she said.

Hon. Justice Jobarteh also said the medical evidence substantially corroborates the account given by the victim. She said medical evidence plays a critical role in sexual offences particularly where penetration is alleged.

Hon. Justice Jobarteh also stated that the DNA evidence from Habib Jagne, a Forensic Science Specialist with the Gambia Police Force is a cornerstone of the prosecution’s case.

“The match between the victim’s saliva and the blood on the accused person’s shorts establishes a direct biological link,” she said.

Hon. Justice Jobarteh said the accused person’s explanation that the blood was from a leg injury is rendered implausible by the presence of the victim’s saliva, indicating contact during assault itself, not merely wiping an unrelated wound.

She said the leg injury explanation is directly contradicted by the forensic finding that the victim’s saliva matched the blood found on the accused’s shorts.

Hon. Justice Jobarteh said the accused person provided no corroborating evidence for his presence at work, no witnesses, and no documentation.

“In considering whether the ingredients under section 3(1) (a) of the Criminal Offences Act are established, when the medical evidence is considered alongside the testimonies of the prosecution witnesses, this Court is satisfied that the evidence, taken as a whole, establishes beyond a reasonable doubt that there was penetration of the victim,” she said.

Hon. Justice Jaiteh said she is further satisfied that, given the victim being only four years old at the material time, the accused engaged in unlawful carnal knowledge of the victim under coercive circumstances.

“Having carefully considered all the evidence before me, I am satisfied that the circumstantial evidence forms one complete and unbroken chain. The chain excludes reasonable innocence. The prosecution has proved beyond a reasonable doubt that it was the accused person (Alieu Jobe) and no other who committed the offence charged,” she said.

Hon. Justice Jobarteh said the prosecution has successfully discharged its burden of proving the guilt of the accused, Lamin Jobe, beyond a reasonable doubt.

“I accordingly find the accused person, Lamin Jobe guilty as charged and convict him accordingly,” she said.

After his conviction, Counsel Khadijah A. Mohamed Bisola, the lawyer representing Lamin Jobe, urged the court to temper justice with mercy. She said Lamin Jobe is a first-time offender.

However, despite her plea, Hon. Justice Jobarteh handed Lamin Jobe a life imprisonment. She said sentencing is not an exercise guided by sympathy alone.

Hon. Justice Jobarteh said it is a solemn judicial duty that demands a careful balancing of competing considerations, the personal circumstances of the offender on one hand, and on the other hand, the gravity of the offence, the manner in which it was committed, the harm occasioned to the victim, and the broader interest of society in the administration of justice.

“The victim in this matter is a child of tender years-innocent, vulnerable, defenceless, and entirely dependent upon adults for care, protection, and safety. Instead of receiving protection, she was subjected to an act of cruelty that no child should ever endure,” she said.

Hon. Justice Jobarteh said the evidence before the court established not merely sexual violence, but violence of such severity that the child sustained grave injuries.

Hon. Justice Jobarteh said the victim suffered a ruptured hymen, and a second-degree perineal tear. She said the injuries of the victim were so extensive that she had to be taken to the theatre, placed under anaesthesia, and surgically repaired.

She said those are not injuries that can be viewed lightly, saying they speak to the profound violence inflicted upon a helpless child.

“This court cannot ignore the increasing concern surrounding offences of this nature. Courts must speak firmly where society demands protection for its most vulnerable members. Those who prey upon children must understand that the law will respond decisively and without hesitation. The objectives of punishment in this case-deterrence, denunciation, retribution, and protection of the public-must assume paramount importance,” she said.

Hon. Justice Jaiteh said her sentencing must also stand as a message beyond the courtroom. She said a society is judged not merely by how it treats the powerful, but by how it protects the vulnerable.

Hon. Justice Jobarteh said Children are not objects to be exploited. She said Children are not without dignity because they are small. She said Children are entitled to safety, to care, and to protection under the law.

Hon. Justice Jobarteh further stated that those who choose to violate that protection must face the consequences prescribed by law.

“While I have carefully considered the mitigating circumstances placed before this Court, they are overwhelmingly outweighed by the gravity, cruelty, and devastating consequences of the offence committed. To impose a sentence that does not adequately reflect the seriousness of this crime would diminish the value society places upon the protection of its children and would amount to a failure in the Court's duty to uphold justice,” she concluded.

In faithful compliance with the law, Hon. Justice Jobarteh sentenced the Convict, Lamin Jobe, to life imprisonment.