Defile girl told to sweep around police unit

What began as a normal community pre-wedding celebration has spiralled into a nightmare for a 14-year-old girl from Mulanje. After being brutally defiled twice, the Standard Six learner is now being subjected to punitive labour by local law enforcement, while her alleged perpetrator walks free.

The justification provided by officers at the Mthiramanja Police Unit (also known as Chikuli), according to the victim’s mother, was that because both the victim and the 16-year-old suspect are minors, “no arrest can be made.”

Instead, the police instituted a bizarre form of alternate justice: ordering the traumatised victim to sweep and mop the Mthiramanja Police Unit, the very station where her assault was reported, every Saturday.

Chijozi-Jere: Law provides

limited defence. I Nation

The police’s handling of the case has ignited fierce condemnation from legal experts and sexual reproductive and health rights (SRHR) advocates.

Critics argue that the law provides absolutely no blanket immunity from criminal accountability based on age alone, demanding that all responses to sexual violence be strictly guided by established child justice procedures.

In an interview during the week, the mother, whose identity we have concealed, said she wants justice for her daughter, whom has been negatively impacted mentally since the ordeal.

The alleged police conduct in the matter is what has exacerbated the situation.

According to her, the incident took place on May 29 2026 when her daughter, together with her colleagues, went for a pre-wedding celebration within Nguluwe Village where they reside.

The mother said she felt safe considering the daughter was in the company of older colleagues.

“While there, a boy snatched her hat and she attempted to take it back. But he tossed it around and it landed in the hands of the suspect,” she said.

“The suspect ran away with the hat and my daughter followed. When he noticed they covered a distance away from the venue, he took advantage and defiled her.”

The mother said one of her daughter’s colleagues that followed her found the suspect in the act, while the victim was screaming, asking the alleged perpetrator to stop.

The friend is the one who informed other people.

“People brought the daughter to my house where she explained the ordeal. The same night, we went to Traditional Authority Mthiramanja who referred us to police,” explained the mother.

According to a handwritten police referral from Chikuli Police Unit signed a sub-inspector Mkandawire which we have in our possession, they were referred to Chonde Health Centre for medical examinations.

Reads the referral: “The above mentioned person has been defiled by unknown criminal. May you please assist her with both medical examination and treatment, and then furnish us with your findings for our records purposes.”

But the mother said when they went to the health facility, they were referred to Thyolo District Hospital for the medical tests.

And according to a medical report from the hospital which we also have in our possession, medical examination proved she was defiled and infected with a sexually transmitted infection as evidenced by sores around the girl’s private parts.

The facility provided gentamicin and post-exposure prophylaxis (PEP). But she was told purchase a morning after pill from a private pharmacy.

But according to the mother, she had no money to make the purchase.

“What worries me the most is that my daughter has missed her period,” she said. I was also persuaded to drop the charges and my daughter was subjected to punishment for simply being raped,” said the mother.

But by press time yesterday, Mulanje Police Station spokesperson Innocent Moses was yet to respond to our request for comment. The police station is in charge of the units within the district.

Section 138 (1) of the Penal Code states that any person who unlawfully and carnally knows any girl under the age of 16 years shall be guilty of a felony.

Meanwhile, an SRHR advocate and law expert, have weighed in on the matter, saying the law draws an important distinction between consensual activity between peers and conduct involving force, coercion, or the absence of consent.

Southern Africa Litigation Centre (Salc) criminal justice lead Chikondi Chijozi Jere, who is chairperson of the Malawi Human Rights Commission (MHRC), in an interview on Friday called on police to thoroughly investigate the matter.

“The law provides a limited defence for sexual activity between children only where two conditions are met. First, the age difference between the two children must not exceed two years. Second, the sexual activity must have been consensual,” she said.

“In this case, the individuals are aged 16 and 14, which means the age-gap requirement may be satisfied. However, the facts as presented indicate that the sexual activity was non-consensual. Once there is an absence of consent, the statutory defence is not available.”

Chijozi Jere said based on facts of the case, the conduct falls outside the scope of the close-in-age difference and the offence is deemed to have been committed under the law.

She said: “Ultimately, however, the determination of criminal liability remains a matter for the courts based on evidence presented.”

In a separate interview, Nyale Institute executive director Dr. Godfrey Kangaude also recommended authorities to investigate the allegations, ensure the girl receives appropriate protection, support, care and deal with the suspect through the child justice system in accordance with the law.

He said the rights and welfare of both children must be respected, but that this should not come at the expense of accountability where evidence supports it.

Kangaude said: “Section 138 of the Penal Code, as amended in 2023, criminalises sexual intercourse with a child, but provides a limited defence where the accused is also a child, the age difference between the two children is not more than two years, and the sexual activity was consensual. All three conditions must be satisfied.

“Based on the information available, this case appears to involve two children who are close in range. However, it is alleged that the sexual intercourse was not consensual. If the allegation is established, the close-in-age defence would not apply.”

Kangaude said while Nyale Institute supports efforts to avoid unnecessary criminalisation of children engaged in consensual and non-exploitative sexual activity, it does not support the weakening of legal protections for children who experience sexual violence.

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