Sidumisile Mabena
Sukulwenkosi Dube-Matutu
A 25-YEAR-OLD Gwanda man has been jailed three years for having sexual intercourse and impregnating his 15-year-old neighbour.
Brian Moyo who pleaded not guilty to a rape charge was convicted on a lesser charge of having sexual intercourse with a young person by Gwanda regional magistrate, Mrs Sithembiso Ndebele.
He was sentenced to three years imprisonment of which one year was suspended on condition that he does not commit a similar offence within the next five years. He will serve an effective two year jail term.
Prosecuting, Mr Ngonidzashe Shumba said Moyo violated the complaint on two different occasions between the month of October and November 2025.
“On an unknown date but during the month of October 2025 the complainant’s aunt had gone out on some errands and she had left the complainant with her younger siblings. The accused person arrived at the homestead and found the complainant and her younger siblings sitting outside,” he said.
“He told the complainant that he wanted to talk to her in private and asked her to go and talk with him in the bedroom. When they got to the bedroom the accused person closed the door and started fondling the complainant’s breasts but the complainant told him to stop.
“The accused person threatened to kill the complainant if she called for help and the complainant kept quiet and he raped her.”
Mr Shumba said on another unknown date during the month of November the accused person arrived at the complainant’s homestead and found her alone. He dragged the complainant into the bedroom and raped her.
The accused person threatened to kill the complainant if she revealed the matter to anyone and she did not inform anyone about the matter.
“The matter came to light in December when the complainant’s aunt noticed that her abdomen was growing bigger and breasts were getting dark on her nipples and suspected that she was pregnant.
“She interviewed the complainant who revealed what the accused person had done. The matter was reported to the police leading to the arrest of the accused person,” said Mr Shumba.
In his defense the accused claimed that he had consensual sexual intercourse with the complainant as she is his girlfriend. He stated that on both occasions the complainant had invited him to her home as her aunt was not around.
In passing her sentence Mrs Ndebele said the accused person did not deny having sexual intercourse with the complainant. She said what is aggravating is the age of the complainant who is aged 15 years.
derick.khumalo