Sukulwenkosi Dube-Matutu, sukulwenkosi.dube@chronicle.co.zw
A 21-YEAR-OLD Gwanda man has been sentenced to years in jail for raping his cousin aged seven-years-old.
The accused, who cannot be named for ethical reasons, pleaded not guilty to rape but was convicted due to overwhelming evidence by Gwanda Regional Magistrate, Ms Sithembiso Ndebele.
He was sentenced to an effective 16 year jail term.
In passing the sentence, Ms Ndebele said she had taken into account that the complainant is of young age, making her a vulnerable.
She said there is also a huge age difference between the accused person and the complainant. Ms Ndebele said what made the situation worse is that the accused person was related to the complainant hence he was supposed to assume a protective role.
“What is aggravating is the age difference between the accused person and complainant, which is 13 years. The complainant is also considered as a vulnerable because of her age.
“The accused person is also a brother to the complainant, which means that he was supposed to assume a protective role but instead went on to harm the complainant,” said Ms Ndebele.
“If it weren’t for the complainant’s grandmother who had seen the accused person committing the offence then he could have walked scot free. The law states that if a sexual offence is committed under aggravated circumstances then the sentence shouldn’t be less than 15 years.
“The medical report, which was tendered before the court as evidence has shown that the complainant was penetrated, which caused her injuries,” she said.
Ms Ndebele said there was also a need for a deterrent sentence, which also serves as an example to those who prey on young children. She said the actions of the accused person have left the complainant traumatised and might have far reaching emotional consequences.
Prosecuting, Ms Zanele Sithole said the accused person raped the complainant June 1 while she was sleeping at home.
“On 1 June the accused person arrived at the complainant’s home in Mapate Village. He found her sleeping on the floor while her grandmother was sleeping on the bed. The accused person got into complainant’s blankets and raped her. The complainant’s grandmother woke up and saw the accused person in the complainant’s blankets and he fled.
“The complainant’s grandmother informed her neighbour who escorted her to the accused person’s home. They found the accused person sleeping in his bedroom hut and they confronted him about the matter and he denied. The matter was reported to the police resulting in his arrest,” she said.
In his defense the accused person denied going to the complainant’s homestead in the middle of the night stating that he was asleep at his home where the complainant’s grandmother had found him. He said the complainant’s grandmother had fabricated the allegations
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