adminMashudu Netsianda Senior Court Reporter
A MBEMBESI man who lured his 25-year-old mentally ill neighbour to a bush before raping her was yesterday sentenced to 16 years in jail. Godukani Nyawuza, 28, was convicted of a rape charge by regional magistrate Mark Dzira. He will, however, serve an effective 12 years in prison after four years of the sentence were suspended for five years on condition that he does not within that period commit a similar crime.
Nyawuza, in his defence, claimed that he had proposed love to the woman who had in turn agreed to the proposal. He further claimed that he was not aware that she was mentally ill. Dzira ruled that Nyawuza was aware of the victim’s condition.
“You knew that the victim suffered from mental illness. From the psychiatric report and the victim’s testimony in court it’s evident that she is mentally ill as she failed to reveal the months when the rape happened as well as her age,” said Dzira.
“As a neighbour, you were expected to protect the victim but instead you decided to take advantage of her condition and engaged in sexual intercourse with her. Your moral blameworthiness is very high and therefore you deserve a lengthy prison term.”
Prosecuting, Tinashe Dzipe, said on June 12 last year shortly after 5PM, Nyawuza found the mentally ill woman fetching water alone at Fingo Dam in Mbembesi.
Nyawuza asked for sex, promising her money and she agreed due to her mental status. He took her to a nearby bush where he raped her.
However, during the process, the woman’s cousin caught them in the act and struck Nyawuza with a knobkerrie and he ran away leaving the woman.
The cousin told the woman’s mother about the rape and a police report was made leading to his arrest.
The State submitted that the victim was incapable of consenting to sexual intercourse.
A psychiatrist’s report confirmed that the woman was not mentally stable and described her level of thinking as the same as that of children aged seven.
Online Reporter