Online Reporter
Sukulwenkosi Dube-Matutu, [email protected]
A 36-YEAR-OLD Gwanda man has been jailed 15 years for raping his 15-year-old niece.
The man who cannot be named for ethical reasons pleaded not guilty to rape but was convicted due to overwhelming evidence by Gwanda Regional Magistrate, Ms Sithembiso Ndebele. He was sentenced to an effective 15 year jail term.
Prosecuting, Ms Zanele Sithole said the accused person raped the complainant after she had been sent to his home on an errand.
“On 26 August the complainant was sent to the accused person’s home by her grandmother to collect some money.
“The complainant found the accused person alone and he invited her into his bedroom to collect some goodies,” she told the court. “When they were in the bedroom the accused person instructed the complainant to remove her clothes and lay on the bed.
“The complainant refused and the accused person grabbed her and forcibly removed her underwear and went on to rape her. The accused person threatened to kill the complainant if she revealed the matter to anyone.”
Ms Sithole said the complainant remained quiet about the matter out of fear. She said on a later date the accused person arrived at the complainant’s home and found her alone.
He started fondling the complainant while in the kitchen hut and went on to rape her again. The accused person warned the complainant against revealing the matter to anyone.
“When the complainant’s grandmother arrived home she found her grand-daughter crying. She questioned the complainant who revealed what the accused person had done to her. The matter was reported to the police who conducted investigations leading to the arrest of the accused person,” she said.
In passing her sentence the magistrate said she had taken into account that the huge age different between the complainant and accused person, which is 21 years. She said the complainant is 15 years old making her vulnerable.
Ms Ndebele said the accused person was supposed to assume a role of protecting the complainant but instead went on to harm her.
“The accused person is an uncle to the complainant, which means he was supposed to protect her but went on to harm her.
“What is aggravating is the fact that the complainant is 15 years old, making her vulnerable.”
In his defense the accused person denied having raped the complainant. He said the complainant was bitter as he had reprimanded her against having many boyfriends. He said the complainant was way ward and he was trying to put her in line.
-@DubeMatutu
