Online Reporter
Sukulwenkosi Dube-Matutu, [email protected]
A 19-year-old gold panner from Gwanda has been sentenced to an effective 15 years in prison for raping his neighbour’s nine-year-old daughter as she walked home from school.
The man pleaded not guilty to the charge but was convicted by Gwanda regional magistrate Ms Sithembiso Ndebele, who cited overwhelming evidence presented in court.
In passing sentence, Ms Ndebele stressed the gravity of the offence, highlighting the vulnerability of the young victim and the age gap between the accused and the complainant. She noted that although the accused was a youthful offender, he committed the crime under aggravating circumstances.
“The law states that if a sexual offence is committed under aggravated circumstances, the sentence should not be less than 15 years. The medical report submitted as evidence confirmed penetration, which resulted in injuries to the complainant,” said Ms Ndebele.
She further said that the testimony of the victim’s grandmother revealed the emotional trauma suffered by the child, who now avoids interacting with her peers. Ms Ndebele said the age difference, the accused being 19 and the victim only nine, was a significant aggravating factor, and that the victim’s young age made her especially vulnerable.
The magistrate said a deterrent sentence was necessary, both to punish the offender and to serve as a warning to others who might prey on children. She acknowledged the lasting emotional consequences the crime could have on the complainant.
Prosecuting, Ms Zanele Sithole told the court that the incident occurred sometime last year, when the victim, a Grade Three pupil, was walking home from school. The accused, who lived nearby, called the girl into his house and raped her. He then threatened her, warning her not to tell anyone, and sent her home.
The crime came to light when the victim’s younger sister noticed she was using pieces of fabric due to bleeding. The girl’s mother quizzed her, and the child disclosed what had happened. The matter was reported to the police, leading to Ndlovu’s arrest.
In his defence, the accused denied the charges, claiming that the allegations were fabricated by the complainant’s family and that another relative was responsible. However, the court found his defence unconvincing in light of the evidence. — @DubeMatutu
