Online Reporter
Kimberley Chitambara,[email protected]
A 24-YEAR-OLD Bulawayo man who was hauled before the courts for rape walked out a free man after a 14-year-old girl admitted she lied about her age and agreed to the sexual encounter.
Siphosenkosi Sibanda who lives along Herbert Chitepo Street in the city centre, appeared before Bulawayo regional magistrate Mark Dzira facing allegations of having sexual intercourse with a minor. By law, any child under 18 cannot consent to sex.
Prosecutor Jethro Mada told the court that on 6 October around 5PM, the teenager ran away from home and went into the Bulawayo CBD.
“She met the accused person at night and he offered her a place to spend the night,” said Mada.
During the night, the court heard, the two had unprotected sexual intercourse once.
But the case took a dramatic turn when the complainant took to the witness stand and admitted she had misled Sibanda.
She told the court she had claimed to be 18 and denied being forced.
“I wronged my parents for what I did and I’m apologising to them. I told my father what happened for me ending up having sexual but I had no opportunity to tell him that I agreed to the act because he was very angry,” she said.
Her testimony led the court to conclude that Sibanda believed he was with an adult and had no knowledge she was 14. He was therefore found not guilty and acquitted.
Before releasing him, Magistrate Dzira reminded the girl Magistrate Dzira reminded the girl that she is still a child and encouraged her to focus on her education.
“Your time will come, but for now go home and continue asking for forgiveness from your parents because what you did was very wrong, you can only show that you are sorry by performing better in school,” said Magistrate Dzira
