adminEmily Mbewe Court Reporter
A MAN from Bulawayo’s Mzilikazi suburb was yesterday sentenced to six years imprisonment for indecent assault after he kissed, caressed, showed his manhood as well as touched a mental patient’s private parts. Abednicho Moyo, 40, who pleaded not guilty, was however convicted by senior regional magistrate Sikhumbuzo Nyathi due to the overwhelming evidence.
Moyo was caught red-handed by one of the mental patient’s family members.
Nyathi said what was aggravating was that Moyo knew that his victim was mentally challenged and therefore could not consent to sexual activities.
“You knew very well that the victim was incapable of consenting to sexual activities but you went on to touch her private parts and caress her,” said the magistrate.
Moyo will however, serve an effective three years in prison after three years were suspended on condition that he is not within the next five years convicted of a similar offence.
Prosecuting, Masimba Saruwaka told the court that on November 23, 2012 in the morning, the woman was alone at her sister’s house when Moyo entered and asked her to sit next to him. She complied.
Moyo started to kiss and fondle her breasts. He went on to open his zip and showed her his manhood.
He also inserted his fingers into her private parts.
Moyo caressed her all over her body and forced her to touch his manhood. He then gave her R2.50, the court heard.
As he was still caressing her, the victim’s relative entered the house and Moyo jumped and went outside.
Bongani Ndlovu
Online Reporter