Online Reporter
Sukulwenkosi Dube-Matutu, [email protected]
A 19-year-old Gwanda gold panner has been sentenced to 15 years imprisonment for raping his neighbour’s nine-year-old daughter while she was on her way home from school.
The gold panner, who cannot be named for ethical reasons, pleaded not guilty to rape, was convicted due to overwhelming evidence by Gwanda Regional Magistrate, Ms Sithembiso Ndebele.
In passing her sentence, Ms Ndebele noted that the complainant’s young age made her particularly vulnerable.
She also highlighted the significant age difference between the accused and the complainant. While acknowledging that the accused was a youthful offender, she emphasised that he committed the offence 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, which was tendered before the court as evidence, showed that the complainant was penetrated, causing her injuries. The testimony of the complainant’s grandmother revealed that the complainant was traumatised by the incident, as she is now shying away from people her age.
“The age difference between the accused and the complainant, which is 10 years, is aggravating. The complainant is also considered vulnerable because of her age,” she said.
Ms Ndebele stressed the need for a deterrent sentence to serve as an example to those who prey on young children. She noted that the actions of the accused had left the complainant traumatised, with potentially far-reaching emotional consequences.
Prosecuting, Ms Zanele Sithole said the accused raped the complainant while she was on her way home from school.
“On a date not specified by the prosecutor but in 2024, the complainant, who was in Grade Three at the time, was on her way home from school when she met the accused, who is a neighbour.
“The accused called the complainant into his house and raped her. He warned the complainant against revealing the matter and ordered her to proceed home. The matter came to light after the complainant’s younger sister noticed that the complainant was using pieces of fabric as she was bleeding from her private parts and notified their mother. The complainant’s mother questioned her daughter, who revealed what the accused had done to her,” she said.
The matter was reported to the police, leading to the arrest of the accused. The accused, who denied raping the complainant, claimed that the complainant’s family had fabricated the allegations.
He alleged that the complainant had been raped by his uncle and that the family was now laying the blame on him.
