18‑year‑old punished for unlawful sex with 14‑year‑old

Kimberley Chitambara, [email protected] 

A TSHOLOTSHO teenager has been sentenced to 420 hours of community service after being found guilty of having sex with a 14-year-old girl and escaping from police custody.

Mayenziwe Health Moyo (18), of Sipepa Village, was acquitted of rape but convicted of unlawful sexual intercourse with a minor and escaping lawful custody by Bulawayo regional magistrate Ms Sibonginkosi Mkandla.

For the sexual offence, Moyo was handed an 18-month prison term, of which six months were suspended for five years on condition he does not commit a similar offence. 

The remaining 12 months were wholly suspended on the condition that he completes 420 hours of community service at Mcetshwa Primary School. 

He also received a separate six-month wholly suspended sentence for escaping custody.

In sentencing, Ms Mkandla noted that the complainant was 14 at the time of the incident and deemed mature enough to consent, adding that the four year age difference between Moyo and the girl was not substantial.

Prosecuting, Ms Tsungai Mutapi told the court that on January 5 at around 6.30pm, the complainant went to Mcetshwa Business Centre to collect her grandmother’s mobile phone. On her way home, she encountered Moyo, who persuaded her to accompany him to his parents’ homestead.

“Upon arrival, they got inside his bedroom hut where they had sex five times. Moyo then escorted the girl home, where she told her grandmother,” said Ms Mutapi.

A police report was subsequently made, resulting in Moyo’s arrest. 

The complainant was referred to Tsholotsho District Hospital for medical examination.

The court heard that on January 9, Moyo escaped from police custody but was re-arrested two days later while travelling on a bus to Bulawayo.

 

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