Businessman acquitted of raping girl (13)

Takalani Moyo in Beitbridge
Whoever said ignorance is no defence?

Actually, it is, the family of a girl raped by a man when she was just 13 years old and the entire Beitbridge community just discovered.

This was after a Beitbridge magistratesa�� court cleared a businessman of any wrongdoing after he helped himself to the girl but testified he had been misled by her big body.

Justice Gwatidzo (ABOVE), 28, who confessed on initial appearance, said the girla��s adult behaviour contributed to his belief that she was above 16 years of age.

But somewhere during his trial, Gwatidzo mentioned having seen her in school uniform but said it did not cross his mind to check his victima��s age.

a�?She would visit me at any time of the day or night so I believed she was old enough,a�? he said in court.

He also during trial told the court that the girl who was in Grade Six when he met her, drank beer like an adult.

Gwatidzoa��s case was reported last year but mysteriously, the docket a�?disappeareda�? at the police station until the intervention of some activists early this year.

All the same, he punctuated his responses in court by raising his hand to swear he didna��t know she was young and the court bought his story.

a�?I never asked her age. It slipped my mind,a�? said Gwatidzo.

Unlike his warned and cautioned statement voluntarily made to the police, Gwatidzo said the girl proposed a New Yeara��s Eve outing to Lutumba where they made merry.

At Lutumba, they allegedly had fun, meat and alcohol was in abundance when he suggested they go and cuddle at a lodge, she turned him down citing monthly periods.

a�?That even made me believe she was an adult,a�? Gwatidzo said with his hand up.

But just before midnight, he drove her away from Lutumba to the industrial site of Beitbridge where the girl yielded.

After realising the girl was a minor he allegedly looked for the mother and paid her $500 a�� a statement the mother dismissed as false.

The mother, who cannot be named to protect the girl who is still a minor, said she reported to the police when she discovered the crime.

a�?Of course my child has a big body but she is young, he could have been deceived by the body,a�? she told the court.

She said Gwatidzo must have raped her daughter in June last year.

Magistrate Innocent Bepura citing a number of case laws cleared Gwatidzo of any wrong doing.

Lloyd Mupfungidza prosecuted.