Online Reporter
Lesley Chikudo, [email protected]
A 30-year-old artisanal miner has been sentenced to 15 years’ imprisonment for the rape of his 13-year-old stepsister, which resulted in her pregnancy.
The man, from Mbundane suburb of Bulawayo, whose name has been withheld to protect the victim’s identity, initially pleaded not guilty at the start of his trial but was subsequently convicted by Western Commonage magistrate, Mrs Sibongile Marondedze.
He initially denied the charges, but later entered a guilty plea after DNA results confirmed his biological fatherhood of the child.
In passing sentence, Mrs Marondedze stated that the court had taken into account the fact that the offender was the victim’s stepbrother and that she looked to him for protection.
“As the brother, it was his duty to protect his sister, instead, he took advantage of the authority he had as a brother,” she said.
In her victim impact statement, Mrs Marondedze relayed, the complainant expressed ongoing trauma and the necessity to withdraw from school due to her pregnancy.
“He is a danger to the community and himself. Due to his predatory behaviour, there is a need for deterrence to avoid future offenders of the same crime, as there is a need to protect the girl child. As such, the offender is sentenced to an effective 15 years,” said Mrs Marondedze
According to the state case presented by the prosecutor, Ms Christine Manyika, the incident happened sometime in January last year, when the complainant was doing Grade Seven at a local school.
“On the day in question, the accused was sleeping in his bedroom at the family house before he relocated with his wife,” said Ms Manyika.
She said the accused then called the complainant to his room so that they could watch a movie on his cellphone.
“The type of the movie was not specified. As they were watching the movie, the accused jumped over the complainant and grabbed her by the neck,” said Ms Manyika.
The court heard that after that, the accused then lifted the complainant’s dress and removed her undergarments.
“Upon removing her undergarments, the accused forcefully covered the complainant with a blanket so that she could not scream while he was raping her,” said Mrs Manyika.
In Zimbabwe, the statutory minimum sentence for rape fluctuates based on the offence’s circumstances.
Aggravated rape attracts a minimum sentence of 15 years’ imprisonment. However, mitigating circumstances reduce the minimum sentence to five years.
For exceptionally grave cases, including the rape of minors aged 12 and under, or individuals with disabilities, the Government has proposed a mandatory minimum sentence of 60 years.
