adminMashudu Netsianda Senior Court Reporter
A 20 YEAR-OLD Lupane man who impregnated his sister, 14, escaped custodial sentence when he was yesterday ordered to perform community service. Initially, he was facing a rape charge, but regional magistrate Mark Dzira acquitted him on that charge and subsequently convicted him of having sex with a minor under the age of 16.
The accused from Insuza area, was sentenced to 30 months in jail of which six months were suspended for five years on condition that he does not within that period commit a similar crime.
The remaining 24 months were further suspended on condition that he completes 850 hours of community service at Umguza Police Station starting on Monday.
Dzira in his judgment said from the testimony of the victim, there was enough evidence that the two siblings had consensual sex.
“It’s clear from the evidence of the victim that the two agreed to have sex on different occasions. The girl claimed she was raped by her brother after being questioned by her aunt who had noticed some body and behavioural changes in her,” said Dzira.
“In terms of the law, an incestuous relationship is illegal in Zimbabwe and what you did is a disgrace to your family and the entire community. You’ll have to perform community service,” said Dzira.
Prosecuting, Tinashe Dzipe said sometime during the month of May this year at about 5PM, the victim returned from school and went to her room to change her uniform.
The court heard that on her way out of the room she met her brother who offered her some biscuits which she took and ate.
“Later at night the accused went to his sister’s room where he found her sleeping with her two young sisters. He sneaked into the girl’s blankets and ordered her to remove her panties,” said Dzipe.
The girl complied and the two had sexual intercourse.
There after they had sexual intercourse on several occasions until mid-June when their aunt became suspicious. “The aunt questioned the girl and she claimed she was raped by the accused,” said Dzipe.
A report was made to the police leading to the accused’s arrest.
Online Reporter