Boy (13) gets 3-year suspended sentence

Mejury Magaya, Midlands Reporter

THE mother of a 13-year-old boy who pleaded guilty to raping his 10-year-old mentally challenged niece has begged a Gweru magistrate to slap him with corporal punishment. 

The mother of the 13-year-old boy, who cannot be named to protect the minor, said her son needed to be punished for raping the girl so that in future he does not commit a similar offence. 

The boy and another 15-year-old boy appeared before Gweru Regional magistrate Mrs Phathekile Msipa facing rape charges. 

The 13-year-old boy was convicted on his own plea of guilty to the charge and passing of sentence was postponed for three years on condition he does not commit a similar offence. 

The 15-year-old boy pleaded not guilty and was remanded out of custody to September 4 for trial. Before the 13-year-old boy was sentenced his mother told the court that corporal punishment was the only form of punishment to deter him from committing a similar crime in future. 

“My son has done a wrong deed therefore he needs to be caned so that he knows that what he has done is wrong,” said the mother. 

“However, Mrs Msipa told her that corporal punishment was no longer constitutional. 

“Children are no longer allowed to be caned under the new law. So I am giving him a three- year suspended sentence,” she said. 

It was the State’s case that on February 9 at around 3PM, the complainant was herding cattle in the bush in the company of her step sister. 

The court heard that the accused person approached them and grabbed the complainant.  The boy forced her to lie on the ground and raped her once. The complainant’s step mother caught him in the act. 

The minor told her that both the 13-year-old and the 15-year-old boy had sexually abused her.

The matter was reported to the police leading to the arrest of the two boys. Mr Talent Tadenyika appeared for the State.

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