The High Court has voided a sentence where an Islam teacher was proven innocent in a case where he allegedly sexually abused female students in the 7th Grade, and has sentenced him to 15 years in prison.
The Magistrate Court had previously ruled that the crime was not proven against the accused, with the incident having taken place in a southern island. The primary factor the lower court took into account for their sentence was the accused Ahmed Shareef's physical deficiency and the state of his health.
The lower court accepted the defense when they stated the incidents took place by accident and without intention due to the accused having poor eyesight and hearing issues. The lower court took into account when the defense highlighted the inconsistencies in the statements given by abused students, and that the evidence that was submitted was not enough to prove the crime beyond a reasonable doubt.
As the sexual abuse of a child while in a trusted position was not proven against the accused, the prosecution appealed the case at the High Court. On 18th August, the High Court voided the lower court's sentence and primarily stated the following:
- Assessment of evidence: When looking at the regulations set by the Supreme Court for child sexual abuse cases, the children's statements were consistent both internally and externally.
- Lack of intent: Evidence shows that the children who were abused did not have the intent to lie about Ahmed Shareef.
- Sexual intent: Grabbing children's sexual organs, repeatedly hitting their backsides and hugging young girls, "from someone of a sound mind", were acts that were proven to have been done to instill sexual desire. It is also believed that these acts were not done by accident due to a physical deficiency.
- Reasonable person test: When looking through the lens of someone with a clear conscience, repeatedly committing such acts indicated sexual desire, which was ruled by the High Court.
Justices Hussain Mazeed, Hassan Shafeeu and Fathimath Faruheeza presided over the case and ruled that the charges were proven against Ahmed Shareef, with the three-judge bench unanimously sentencing him to 15 years in prison. The 35 days Ahmed Shareef spent in remand during the investigation and trial stages were voided from the prison sentence.
