NYANZA: “They are Virgins” the Doctors report revealed that the girls who accused a father and his son to have raped them are still virgins.
The father and his son are appealing to be released from the jail , as they insist,they didn’t raped the two girls, who were their servants. ( pancake vendors).
In the courtroom of Huye Intermediate court, that is where the trial continued. Mzee Claver and his son, with their lawyer Me Mpayimana, the judge , court’s clerk, prosecution officials.
Before a judge and a court clerk, Mzee Claver, a resident of Gakenyeri A village, Nyanza cell, Busasamana sector in Nyanza district, appeared before the Huye Intermediate Court wearing glasses, standard prison clothing in Rwanda, and black shoes.
His son, Tuyishime, was also dressed in the same standard prison uniform, with white sneakers.
They were appealing a decision by the Busasamana Primary Court, which had ordered their provisional detention.
Claver was given the floor and said:“Thank you, Your Honour, the presiding judge. When two people have sexual relations, a DNA test can be done. When I was in RIB custody, I requested to be tested. I made the same request to the prosecution and to the Busasamana Primary Court. Even now, I still request to be tested to see if there is any link between me and those girls, because I did not have sexual relations with them.”
Tuyishime also spoke, saying:“I did not commit any crime.”
Their defense lawyer, Me Jean Paul Mpayimana, took a long time explaining that an old man of about 70 years could not be competing with a 25-year-old man to the point of taking turns sexually abusing girls — while the other watches — as the prosecution claims.
He said: “That’s absurd; it’s impossible.”
Referring to the doctor’s report, Me Mpayimana said that the doctor from Nyanza Hospital confirmed that there was no sign whatsoever indicating that the girls had been sexually abused.
The child had claimed that when she refused to have sex, she was beaten, but the doctor confirmed that she had no injuries on her body.
The lawyer added that according to the doctor’s medical report, all the necessary tests were done, and the girls had no diseases.
He also said:“They had asked the doctor to take the girls’ vaginal swabs, but he did not, because the girls had no discharge.”
Me Mpayimana continued:“Think about it, Your Honour — these girls claimed that Mzee Claver was trafficking them, and that they could even have sex with up to eight men a day. Yet, the doctor confirmed they are virgins. How can someone say she was raped and still be a virgin?”
He concluded by saying that conspiracies will always exist in the world, but those standing before the court need justice.
The prosecutor stated that the girls had clearly explained what happened to them that they were abused by Claver, who had employed them and accommodated them in his house, and that both Claver and his son repeatedly had sex with them.
The prosecutor said:“Claver had full control over them.”
Regarding the medical report, the prosecutor avoided many details but admitted that the doctor confirmed the girls’ hymens were broken.
He said: “If the hymen is torn, something tore it. So, for the defense lawyer to claim that the girls are virgins is unacceptable.”
He added that the vaginal swabs were supposed to be taken, but the doctor had the right to decide; however, the samples that were taken are expected to be sent to the National Forensic Laboratory (RFI) for further examination, and the accused will also be tested so the investigation can continue.
The prosecution therefore requested that Claver and his son remain in provisional detention.
Defense lawyer Me Mpayimana replied that agreeing on some facts with the prosecution doesn’t change the law, but according to their own investigation, the hymen being broken doesn’t necessarily prove penetration by a male organ. He added that the fact that Mzee Claver gave the girls a job selling doughnuts was an act of kindness, not a crime.
He also said that no other doctor would contradict what the first doctor found, and that the case should therefore be dismissed.
He added that one of the girls who claimed to have been raped said she asked Claver why he infected her with HIV, and Claver responded that he didn’t, and in any case, he is not HIV-positive.
Mzee Claver and his son Tuyishime are accused of sexually abusing two girls one aged 16 and another aged 17 taking turns in the assaults.
Unless anything changes, the judge is expected to announce the ruling later in December 2025.
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