In a landmark judgment delivered at the Banjul High Court, Justice S. Jobarteh has sentenced Ebrima Joof to life imprisonment for the rape of his stepdaughter, a crime described by the court as “abhorrent” and a “beastly perversion of fatherhood.”
Joof was charged on October 18, 2023, with a single count of rape, contrary to section 3(1)(a) and punishable under section 4(i)(a)(iii)(cc) of the Sexual Offences Act, 2013. Prosecutors alleged that between 2020 and 2023, in the West Coast Region, Joof repeatedly and forcefully raped his stepdaughter, then a minor under his care.
The court heard harrowing testimony that the abuse began when the victim was in Primary Six, aged just 15. Joof threatened her with a knife and forcibly engaged in sexual intercourse, telling her she owed him sexual favours because he had cared for her. The first assault caused visible bleeding, and the abuse continued at least three times a week until the victim reached Grade Nine and became pregnant. After the pregnancy, the sexual assaults ceased, with Joof offering no explanation for the stoppage.
During the trial, Joof pleaded not guilty, maintaining that he regarded the victim as his biological daughter and had always been a responsible parent. He claimed he cared for the victim since infancy, and that she bore his surname as a sign of his commitment. Joof denied ever engaging in any sexual act with the victim.
The prosecution, however, called five witnesses and tendered two key documents as evidence. Justice Jobarteh concluded that the prosecution had proven its case beyond a reasonable doubt, stating, “The evidence of rape has been established by the prosecution.”
In a plea for mitigation, Joof’s counsel, T.B. Jallow, cited his status as a father of eleven children, his medical condition as a hypertension patient, and his remorse, asking the court for leniency.
Justice Jobarteh acknowledged these factors, noting Joof’s role as a first-time offender, family man, and sole provider. However, she emphasized the gravity of the crime: “The crime committed is so severe that the law prescribes a mandatory sentence of life imprisonment.”
Delivering a scathing rebuke, Justice Jobarteh described Joof’s actions as a profound betrayal, saying: “The convict was not a stranger to the victim; he was her stepfather—a man she knew and trusted as her ‘dad.’ He bestowed his name upon her, assumed the role of protector, and then betrayed that sacred trust in the vilest manner imaginable.” The judge highlighted the lifelong trauma inflicted on the victim, stating, “His actions have condemned her to a lifetime of trauma, stigma, devastation.”
Justice Jobarteh further condemned the crime as a “calculated act of cruelty” and warned, “Such conduct reveals him to be a danger not just to his own family, but to any woman or girl who might cross his path.”
The judge concluded that rape is “a scourge upon our society,” and in its most shocking forms, warrants the harshest penalty.
“A man who preys upon his own child forfeits any claim to mercy. He must be removed from society permanently,” she stressed
Accordingly, Joof was sentenced to life imprisonment. Justice Jobarteh ordered that the Director General of Mile 2 Prison ensure the convict receives hospital care if needed.
The judgment stands as a stern warning that crimes which shatter trust and humanity will be met with the full force of justice in The Gambia.
