Gassama was on the 5th of August 2026, arraigned before Principal Magistrate M’Bai on a single count of unnatural offences contrary to section 122(1)(a) of the Criminal Offences Act, 2025.
The prosecution alleged that Gassama on the 23rd of July 2026 in the Kanifing Municipality of the Republic of The Gambia, within the jurisdiction of the Court, being a male, unlawfully engaged in a sexual act with a male person (name withheld), a minor, against the order of nature, thereby committing an offence.
Gassama pleaded guilty to the charge after the charge sheet was read to him. The prosecution tendered exhibits including a Medical Certificate; Voluntary Statement; Cautionary Statement; Photographs; and Birth Certificate of the minor.
Gassama maintained his plea of guilty after the exhibits were shown and read to him.
“The court, being satisfied that the plea was unequivocal, informed, and voluntary, convicted the accused on his plea,” Magistrate Sallah M’Bai said while delivering her judgment.
Principal Magistrate Sallah M’Bai said section 122(1)(a) of the Criminal Offences Act, 2025 is clear that the offence attracts a statutory minimum sentence of five years’ imprisonment.
In determining the appropriate sentence, she said the Court must not simply look at the statutory minimum. Adding that the Court is required to consider the particular circumstances of the offence and the offender and to impose a sentence that is proportionate to the seriousness of the offending.
Principal Magistrate Sallah M’Bai considered the convict’s relationship with the victim as his coach significant. She said a person who undertakes the responsibility of coaching children occupies a position of trust.
“Parents and guardians entrust their children to coaches with the expectation that they will guide, supervise and protect them. The child knew the accused and trusted him in that capacity,” she said.
Principal Magistrate Sallah M’Bai noted that the convict is young and is a first-time offender and it is appropriate that the court recognise the possibility of his rehabilitation.
However, she argued that rehabilitation does not mean that every young offender should receive a non-custodial sentence.
“I have also considered deterrence. There must be a clear message that adults who occupy positions of trust in relation to children must never exploit those positions for sexual purposes. Football coaches, teachers, instructors and other adults entrusted with children carry responsibilities of care and protection,” she said.
Having carefully considered the law, Principal Magistrate Sallah M’Bai said the facts of the case, the age and vulnerability of the victim, the medical evidence, the physical injuries suffered by the child, the position of trust occupied and abused by the accused, the need for deterrence and protection of children, and all the mitigating circumstances including the accused's youth, first-offender status, guilty plea, cooperation and acceptance of the facts,
find that the aggravating circumstances substantially outweigh the mitigating circumstances.
“Accordingly, Ansumana Gassama, having been convicted of the offence of Unnatural Offences contrary to section 122(1)(a) of the Criminal Offences Act, 2025, is hereby sentenced to seven years' imprisonment,” Principal Magistrate Sallah M’Bai announced.
Principal Sallah M’Bai further ordered Gassama to pay to the victim the sum of Five Hundred Thousand Dalasis (D500,000.00) as compensation for all that he suffered from the actions of the convict. In default, she ordered Gassama to serve an additional one year in prison. She also declared that both sentences should run consecutively should there be a default.
