HIV+ man jailed 15 years for rape

Leonard Ncube Senior Court Reporter
A 32-YEAR-OLD HIV positive man from Filabusi has been sentenced to 15 years in jail for impregnating a minor. Melusi Jele, from Avoca under Chief Maduna area, pleaded guilty to having sex with the girl, 15, from Mberengwa area. It is said Jele proposed love to the girl in April last year and she agreed, and the two had sexual intercourse on several occasions in May and June.
He told the court he wanted to marry the girl, who is 17 years younger than him.

“I used a condom but it burst. I wanted to marry her but I was not aware of her age because she did not disclose it to me,” said the father of five who is employed at Wanezi Mission as a general hand.

The girl’s parents discovered that she was pregnant in December last year and reported the matter to the police.
Jele started taking ARVs in 2010, the court heard.

He was convicted at Filabusi magistrate court on December 10 last year but his case was referred to the High Court for sentence.
The case was referred to the High Court after Jele tested HIV positive.

Under Zimbabwean laws an HIV  positive person who deliberately has unprotected sex should be sentenced to a prison term not less than 10 years.

Justice Martin Makonese sentenced Jele to an effective 15 years in prison.
The girl who has a three-month-old baby, should count herself lucky after she tested HIV negative.

Nokuthaba Ngwenya represented the state.

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