Online Reporter
Dalyn Chigwizura,Court Reporter
A MBUNDANE man has been jailed for three years after the courts stressed yet again that no matter the circumstances, a 13-year-old cannot consent to sex.
Patrick Chihambakwe (32) was convicted at Western Commonage Courts for having sexual intercourse with a minor. He had denied the charges, but the magistrate ruled that the law protects children and adults must know better.
Chihambakwe was slapped with a four-year term, with one year suspended on condition of good behaviour.
Magistrate Mr Pasipanodya Maturure said even if the young girl thought she was consenting, it made no difference because at 13 she is legally incapable of understanding or agreeing to sexual intercourse.
The case took a twist when the complainant’s friend testified that the girl had willingly slept with the accused. She even shocked the court by stating she was also having sex in the same room.
But the court maintained the key issue: both girls are children, and any adult who involves them in sexual activity commits a serious offence.
According to evidence, the complainant left home on 16 September to visit her friend. She never returned that night, prompting a search by worried relatives. She was later found by a neighbour the next day near a sewage stream.
She initially told family members she had been raped at Chihambakwe’s place, leading to his arrest.
Despite his efforts to distance himself from the incident, the court ruled that his conduct with a 13-year-old broke the law.
Authorities are urging communities to stay alert and protect children from predators.
