mbulelo smpofu
Musawenkosi Moyo
A 19-YEAR-OLD man from Inyathi village in Matabeleland North Province, who was accused of raping and impregnating a 14-year-old minor girl, was spared from serving jail time after he was sentenced to perform 350 hours of community service.
This was also after the victim had begged the court to forgive him, claiming that the sexual encounter was consensual and that they were in a relationship.
Nkosiphile Ndlovu heaved a sigh of relief while appearing before Bulawayo regional magistrate, Mathew Mutiro, facing one count of rape.
He pleaded guilty and was sentenced to 12 months’ imprisonment, of which three months were suspended on condition the accused does not commit a similar offence within a period of five years and a further nine months were suspended on condition the accused completes 350 hours of community service at Zimbabwe Republic Police Inyathi.
While passing sentence, the court took into account that the accused had sexual intercourse with the complainant without protection, which could have led her to contracting sexually transmitted diseases like HIV.
It was also taken into account that the minor was now three months pregnant, turning her into a woman too early and taking note of the complications and risks associated with child pregnancies.
The court took into account that the accused was a first-time offender.
He pleaded guilty, therefore did not waste the court’s time and resources. The complainant had stated that the sexual act had been consensual. She did not want the accused to be punished and had begged the court to forgive him.
Circumstances are that on an unknown date but sometime in September in Inyathi village, the accused went to the complainant’s homestead and had sexual intercourse with her.
It was heard that the two had been in a relationship.
The matter came to light when the victim’s parents found out that she was pregnant. The matter was reported to the police, leading to the arrest of the accused.
