Fortune Makoni, [email protected]
A 23-YEAR-OLD Inyathi man has been sentenced to an effective eight months in prison for sleeping with a 16-year-old girl, resulting in her falling pregnant.
Doit Moyo of Siganda Village in Bubi District was convicted of having sexual intercourse with a child in violation of Section 17 of the Criminal Law (Codification and Reform) Act by Inyathi resident magistrate Mr Challenge Mahembe.
He was sentenced to 12 months in prison, with four months suspended for five years on condition that he does not commit a similar offence during that period, leaving him with eight months to serve.

In passing sentence, Mr Mahembe said such offences were prevalent in his jurisdiction and were having a devastating impact on children’s futures.
“Although the court noted that first offenders should generally be spared imprisonment, there is no rule preventing a first offender from being sent to prison where the circumstances warranted it.
The aggravating factors outweigh the mitigating circumstances, making a custodial sentence appropriate,” he ruled.
Prosecuting, Ms Veronica Manyuka told the court that Moyo met the girl sometime in August last year at Siganda Village.
The court heard that Moyo proposed love to the girl and later asked to sleep with her.
On the same day, the two proceeded to a nearby bush where they had unprotected sex.
The court heard that Moyo and the girl subsequently continued having sex on several occasions until she fell pregnant.
The matter came to light after the girl’s maternal grandmother, Pasika Moyo, noticed that she was pregnant.
“The complainant then disclosed the matter to her grandmother, who accompanied her to the police station to make a report leading to Moyo’s arrest,” said Ms Manyuka.
In his defence, Moyo claimed that the girl had lied to him about her age, telling him that she was 18.
However, Ms Manyuka urged the court to impose a custodial sentence, arguing that the circumstances of the case warranted a deterrent punishment.
The prosecutor said the offence was aggravated by the fact that the girl became pregnant and subsequently dropped out of school.
The girl, who gave a victim impact statement with the assistance of her guardian, told the court that Moyo had exposed her to sexual activity meant for adults.
In Zimbabwe, the legal age of consent to sexual activity is 18, meaning that a child below that age cannot legally consent to sexual intercourse with an adult.



