The Rwanda Investigation Bureau(RIB) has submitted to Prosecution a case involving Miss Rwanda Organization’s CEO Ishimwe Dieudonne a.k.a Prince Kid.
On April 26, RIB confirmed arrest of Prince Kid on allegation of sexual abuse against Miss Rwanda beauty queens, an offence he allegedly committed through several years.
This afternoon, RIB told the public broadcaster – Rwanda Broadcasting Agency(RBA) that they have submitted his file with three charges of rape, soliciting sexual favors and sexual harassment, according to preliminary investigation.
If he is found guilty, the accused may risk at least 15 year jail sentence.
The law of September 10, 2008 on prevention and punishment of Gender based violence provides in its article 16 on Penalty for rape, that any person who is guilty with rape shall be liable to imprisonment of ten (10) years to fifteen (15) years.
Where rape has resulted in a bodily or a mental illness, the person guilty with rape shall be liable to imprisonment of fifteen (15) years to twenty (20) years and medical care fees for the person raped shall be bone by him/her.
Where rape has resulted in a terminal illness or death, the guilty person shall be liable to life imprisonment.
In the same law, Article 24 on Penalty for sexual harassment of one’s subordinate provides that any employer or any other person guilty of exercising sexual harassment by way of orders, intimidation and terror over a person he/she leads shall be liable to imprisonment of two (2) years to five (5) years and a fine between one hundred thousand (100,000Rwf) Rwandan francs and two hundred thousand (200,000 Rwf) Rwandan francs.
As far as seeking sexual favors is concerned, article six(6) of the law of August 13, 2018 on fighting against corruption provides that any person who, by any means, solicits, accepts or promises a given favor of sexual
nature or subjects another person to such favor or accepts a promise thereof in order to render or omit a service commits an offence.
Upon conviction, he/she is liable to imprisonment for a term more than five (5) years and not more than seven (7) years with a fine of not less than one million Rwandan francs ( FRW 1,000,000) and not exceeding two million Rwandan francs (FRW 2,000,000).
When the favor of sexual nature was done in order for the beneficiary of such a favor to perform a service contrary to the law, the punishment is an imprisonment for a term of more than seven (7) years but not more than ten (10) years with a fine of not less than two million (FRW 2,000,000) but not more than three million Rwandan francs (FRW
In Rwandan penal code, the case of Prince Kid may refer to concurrence of offences which, in article 83 of penal code is defined as a situation where the same person commits several offences before being finally convicted for one of them.
In this case, article 84 of the penal code provides that if an offender would receive several penalties of imprisonment or fine as a result of one or several acts, the judge shall apply the most severe penalty and increase its duration or
the amount depending on the circumstances of the offences, but not exceeding half (1/2) in addition to the maximum of the most severe penalty.
Any additional penalty shall be applied even if it is only provided for one of the concurrent offences.
The most severe penalty shall be the one whose maximum range is the highest.
When two (2) penalties have the same maximum range, the most severe penalty shall be the one with the higher minimum range.
When two penalties have the same maximum and minimum range, the most severe penalty is that one accompanied by a fine.
A fine shall always be less severe than an imprisonment penalty.