Bulawayo man ordered to perform community service for having sex with 15-year-old girl

Culpable homicide is defined at common law as the unlawful negligent killing of a human being

A 20-year-old Bulawayo man who was initially charged with rape after allegedly detaining his 15-year-old girlfriend at his home for five days, during which they had sexual intercourse on four occasions, has been ordered to perform 315 hours of community service after being convicted of a lesser offence.

Michael Moyo was acquitted of rape but convicted by Western Commonage Regional Magistrate Mr Pasipanodya Maturure of having sexual intercourse with a young person.

He was sentenced to 12 months’ imprisonment, with three months suspended for five years on condition that he does not commit a similar offence during that period. The remaining nine months were suspended on condition that he completes 315 hours of community service at Pumula Police Station.

In his judgment, Mr Maturure said the State had proved beyond reasonable doubt that Moyo had engaged in sexual intercourse with the complainant.

“The State tendered a medical report showing old hymenal tears, as well as a psychiatric evaluation which concluded that the complainant suffered from a mild to moderate intellectual disability and was incapable of giving informed consent,” he said.

Prosecutor Ms Melissa Dube told the court that the offence occurred on 7 June at about 2pm after the complainant left her parents’ home following a misunderstanding and went to Moyo’s residence.

The court heard that Moyo kept the girl at his home for five days, during which he had sexual intercourse with her on four occasions.

The matter was later reported to the police, leading to Moyo’s arrest. The complainant was subsequently referred to hospital for a medical examination.