Online Reporter
Danisa Masuku, Court Writer
A 53-YEAR-OLD man from Inyathi District in Matabeleland North Province, who subjected his 13-year-old stepdaughter to several months of sexual attacks, begged the magistrate for leniency during sentencing stating that he has nine children who had no one to take care of them if he is thrown into prison.
The offender appeared for sentencing before Bulawayo regional magistrate, Mr Mark Dzira, last Wednesday facing two counts of rape. He cannot be named to protect the identity of the victim, with whom he was living with and she had embraced him as her father.
Before handing down the sentence, the magistrate stated that the moral blameworthiness of the offender was very high.
“The offender would have sex with the minor without her consent and immediately after, would sleep with his wife.
“He threatened to kill the minor if she shared the ordeal with anyone. As such, the minor endured the sexual abuse in silence. The sexual abuse left the minor traumatised. Men who behave like you deserve to be punished,” he said.
In mitigation, the court considered that the convict is a first-time offender and a breadwinner with children to support. However, in aggravation, the State — represented by Ms Nomthandazo Mafu — submitted that the offender committed the crimes under aggravating circumstances.
“The age difference of the offender and the victim is wide. The victim regarded the offender as her father, someone who should have protected her from sexual predators,” she said.
“Instead, he became the sexual attacker and sexually abused her. The sexual attacks happened at a place the minor regarded as her home, leaving emotional scars that will haunt her forever,” Ms Mafu added.
The court further heard that the man used to beat the minor and threatened to kill her if she refused to have sex with him.
“He was in a position of power and authority and abused that position as a father. During the trial, it was revealed that he suffered from a Sexually Transmitted Infection (STI), thereby putting the life of the minor at risk,” said the prosecutor.
“I pray that he is sentenced to 20 years for each count and that the sentences do not run concurrently but consecutively.”
The magistrate sentenced him to 20 years for each count. While the prosecutor requested consecutive sentences, the magistrate ordered them to run concurrently, resulting in an effective 20-year prison term.
Ms Mafu told the court that sometime in 2023, the mother of the victim left the complainant and her younger brother in the custody of the offender.
“The offender called the victim to his bedroom hut and carried out the attack. After sexually attacking her, he threatened to kick her out of her home if she ever disclosed the ordeal to anyone,” she said.
“The minor complied and never told anyone. After that, he sexually attacked her on several other occasions,” said Ms Mafu.
The matter came to light after the offender assaulted the victim and her mother, who then reported the physical incident to the police. The minor used that opportunity to report the sexual abuse, leading to the arrest of the offender.
