20 years jail for bedding mental patient

Thandeka Moyo Court Reporter
A MBEMBESI man will spend the next 20 years in jail for habitually raping a mentally challenged woman for two years, claiming she was his wife. Johannes Zivavose, 55, who was employed by the woman’s aunt, told senior regional magistrate Trynos Utahwashe that he knew the woman was mentally retarded when he took her into his house.

Zivavose’s shenanigans came to light when he had sexual intercourse with the woman’s cousin in her presence, a development that infuriated the rape victim.

The father of two pleaded guilty to rape charges on Friday.

Utahwashe condemned Zivavose’s behaviour and said his offence amounted to multiple counts of rape.

“Zivavose showed genuine remorse by pleading guilty as a first offender who is on separation. However, he stands convicted of a very serious crime which is taking advantage of a mentally retarded woman,” said Utahwashe.

He said had the complainant recalled the dates of the sexual assaults, Zivavose was going to spend a lengthier time in prison.

“Your sentence must send a message to like-minded men who sexually abuse children and mental patients. You’re therefore sentenced to 20 effective years in prison,” he said.

Robin Mukura, for the State, tendered an affidavit from a psychiatrist which proved that the woman was a mental patient who only went to school up to Grade One.

In mitigation, Zivavose said he had erred and begged Utahwashe to forgive him.

Mukura told the court that the woman, 37, stayed at the same homestead with Zivavose.

“Sometime in November 2014, Zivavose took advantage of the aunt’s absence and proposed love to the woman who accepted. During the same night, Zivavose sneaked into her room and threatened her with switches before having sexual intercourse with her,” said Mukura.

“The two continued to be intimate several times on different occasions until the woman was angered by Zivavose who had sex with her cousin in the same room the women were sharing.”

Mukura said the rape victim told her neighbour about the sexual abuse. “The neighbour confronted Zivavose and asked why he was having sex with the woman. Zivavose denied the allegations,” said Mukura.

He also told the court that the rape victim insisted on reporting the matter to the police, leading to Zivavose’s arrest.

“The woman was referred to hospital for medical examination,” Mukura said.

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