shloboe boe
Rutendo Nyeve, Sunday News Reporter
A 52-YEAR-OLD Nyamandlovu man who was accused of raping his stepdaughter was spared a lengthy prison sentence after the stepdaughter told the court that she had consented to the act after she had seduced him into it.
The man aged 52 from Epping Forest, Nyamandlovu in Matabeleland North Province was initially charged with raping his stepdaughter.
However, the court was forced to alter the charge to having sexual intercourse within a prohibited degree of relationship after the stepdaughter, whose age was not given but was only referred to as an adult, admitted that she was in love with her stepfather and consented to all sexual encounters.
As the lead witness, the stepdaughter admitted that she approached her stepfather and informed him that she had dreamt of them engaging sexually. The dream triggered the commission of the offence as the man yielded to the seduction.
Handing his ruling, Bulawayo regional magistrate Mr Joseph Mabeza spelt out how the witness led to the adjustment of the charge.
“The State led evidence from the complainant. The witness, however, gave statements that frustrated the State case as she admitted that she consented to all the sexual intercourse you had with her. Instead of being charged with rape, the court had to alter the charge,” said Mr Mabeza.
In mitigation, the man pleaded with the court to give him a non-custodial sentence as he was the family’s breadwinner with five school-going children including the stepdaughter’s two children.
He said he was tempted by his stepdaughter’s advancements and acted irresponsibly.
Representing the State, Mr Dominic Moyo had initially told the court that on an unknown date but between the years 2020 and 2021 and at Epping Forest in the bush, Nyamandlovu, the man unlawfully had sexual intercourse with his stepdaughter, a female adult once without her consent.
“The accused is the complainant’s step-parent. Sometime between 2020 and 2021 and at Epping Forest the accused had sexual intercourse with the complainant without her consent. The medical report compiled can be produced in court as an exhibit. The accused acted unlawfully,” said Mr Moyo.
Despite the alteration of the charge, Mr Mabeza sentenced the man to an effective 24 months’ imprisonment for having sexual intercourse within a prohibited degree of relationship.
Had he continued facing rape charges, he could have been sentenced to 10 or more years. — @nyeve14
Siphakeme .Mnindwa
