The convict is to spend 50 years in prison for the rape and three years in prison for the assault on student X with both sentences to run concurently.
The prosecutionhad accused Otema of having sexual intercourse with Student Y without her consent on January 31, 2018 at his home at No. 6, Ajileye St., Bariga, Lagos.
He was alsi accused of of having unlawful sexual intercourse with Student X around the Distance Learning Institute in UNILAG, Akoka, Lagos, January 17, 2018.
He also allegedly physically assaulted Student X by hitting her several times on the face as well as strangling and biting her back.
The offences, according to the prosecution, violated sections 173 and 260(1)(2) of the Criminal Law of Lagos State, 2015.
In absolving Otema of raping student Y, Justice Soladoye noted that the demeanor of student Y in her testimony was mischievous and she would not have claimed that she was raped if Otema had paid her the N50, 000 agreed upon before their rendezvous.
The judge quoted a portion of student Y’s testimony which stated,“With intention to scare him off, I asked him for N100,000 but he said he will give me N50,000.
“I gave him my account number but he did not credit my account. Friendship with benefits was the crux of our relationship.”
Justice Soladoye described student Y as a game player who had embarked on a sexual frolic.
“The defendant, John Osagie Otema in respect of count-one (rape) is found not guilty as there is overwhelming evidence before the court that sexual intercourse between the defendant and PW2 (Student Y) was consensual as it was friendship with benefits,” she said.
In convicting Otema of rape and assault occasioning harm of student X, the jude held that in addition to medical evidence and photographs tendered by the prosecution, student X had also identified the defendant as her assailant who bit her back and punched her eyes.
“For count-two (rape), the defendant is found guilty and is hereby sentenced to 50-years in prison as it the evidence adduced before this court has been proved beyond reasonable doubt by the prosecution.
“With regard to count-three (assault occasioning harm) the defendant is found guilty and is hereby sentenced to three-years in prison as the prosecution has done its job diligently by proving the charge beyond reasonable doubt.”
Justice Soladoye decried the spate of sexual violence committed against women and girls.
“This State of Excellence has zero tolerance for this sort of crime and the punishment meted out to the defendant will serve as a deterrent to other sex offenders that they too will be caught and brought to justice.
“Women and girls like every other member of the society should be respected and not be turned into prey by sex maniacs,” she stated.
