Online Reporter
Sukulwenkosi Dube-Matutu, [email protected]
A 25-year-old man from Filabusi in Insiza District has been sentenced to two years in prison after being convicted of engaging in sexual intercourse with his neighbour’s 14-year-old granddaughter, whom he also impregnated.
Spenser Masuku was initially charged with rape but was convicted on the lesser charge of having sexual intercourse with a minor by Gwanda regional magistrate, Mrs Sithembiso Ndebele. He was sentenced to three years’ imprisonment, with one year suspended for five years, on condition of good behaviour.
In handing down the sentence, Mrs Ndebele said the complainant’s age and the resulting pregnancy made the offence particularly serious.
“The accused is 25 years old and the complainant is 14. The age gap is 11 years, and the complainant fell pregnant as a result of the offence. These factors are aggravating,” she said.
Prosecutor Mr Ngonidzashe Shumba, told the court that Masuku raped the girl on two separate occasions between February and March this year.
On the first occasion, the complainant’s grandmother had travelled to Bulawayo, leaving her in the care of Masuku’s mother. The following day, Masuku lured the girl into his bedroom, fondled her and raped her, threatening to kill her if she raised the alarm.
The second incident occurred in March under similar circumstances. Again, Masuku invited the girl into his bedroom and raped her, repeating his threats of violence should she disclose the abuse.
The matter only came to light on May 26, when the grandmother noticed physical changes in her granddaughter and questioned her. The girl disclosed the abuse, and a police report was made, leading to Masuku’s arrest.
In his defence, Masuku claimed the girl was his “girlfriend” and that their encounters were consensual. However, under Zimbabwean law, the age of consent is 18, meaning any sexual activity with a child under that age constitutes a criminal offence, regardless of alleged consent.
In mitigation, Masuku pleaded for leniency, stating that he was the sole breadwinner with dependants, including his parents and children. However, the magistrate ruled that the gravity of preying on a child outweighed his plea for mercy.
@DubeMatutu
