Boy 17, turning 18, just cleared high school. Has had the same girlfriend since high school, girl is 15. Over the holidays, girl goes to the boyfriend's place and they have sex. Girl's parents look for her and find her at boy's place.

Boy is arrested and charged with defilement. Girl stands her ground that she wasn't defiled. Boy is still convicted and sent to prison.

Another case, girl aged 16 runs from home to her 20 year old boyfriend's place. They have been dating since primary school. Everyone around them knows. Parents are livid that girl has run from home.

Boy turns up at girls parent's home to inform them girl is at their home. Parents inform police and boy is immediately arrested and charged. Girl makes it clear she has no intention of going back home and wants to get married to young man.

Her parents will have none of it, pressure is mounted and boy is convicted. Doesn't come from a well off family, so he can't afford legal representation.

I could go on and on and on and on with other examples. Chitembwe J's language may not have been judicious and his writing may be inelegant, but his reasoning in those particular circumstances and in the facts of the case was sound.

Every case I've cited above I've dealt with on appeal and every appeal has been successful. Those decisions may not be as widely cited as Chitembwe's, but they are there. The Court of Appeal in another decision has also been of the same mind.

Now let the chips fall as they may.

Another one, girl aged 14/15 goes to a club, meets a guy, they hit it on and they dance and share drinks the whole night. Later they book themselves into a lodging and have sex. The minors mother is worried and goes looking for her.

Minor is found in a lodging and the man is arrested and charged with defilement.