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Ray Bande
Senior Reporter
Following the publication the story of a Grade Four Nyanga school girl who was sexually abused by her uncle, cousin and a schoolmate and is now six months pregnant, two of the suspects have already been arrested over the issue.
They, however, were released on summons, pending the mental examination of the girl to assess the extent of her capabilities to consent to sex.
The learner, who cannot be named to protect her identity, is continuing with her studies in line with Government policy.
In the interest of her future and that of her baby, the girl will only be excused when she gets into labour.
The sexual abuse victim turned 13 on January 6.
Manicaland provincial police spokesperson, Inspector Nobert Muzondo said a 23-year-old neighbour, Joseph Mabota Mabvumba and the girl’s 15-year-old cousin were arrested in connection with the case.
Inspector Muzondo said the duo appeared in court and were released on summons, pending the mental examination of the girl.
“When this issue surfaced, police arrested Mabota Mabvumba and the 15-year-old teenager. They duly appeared in court and were released on summons since it was discovered that the girl needs to undergo mental examination.
“This process will determine the degree or capability or the girl’s ability to consent to sex, coupled with issues relating to her age when the birth certificate will be produced as evidence in court,” said Inspector Muzondo.
Inspector Muzondo said the inclusion of the girl’s uncle in last week’s edition of The Manica Post was actually a tip-off as he was not initially arrested when the matter surfaced.
“We take the mention of the uncle in last week’s edition of The Manica Post as a tip-off as he was not initially arrested when the matter surfaced and the other two accused persons were arrested. Police will certainly look into that and establish how he is involved,” said Inspector Muzondo.
Mutare legal practitioner, Mrs Memory Mandingwa of Mhungu and Associates said: “Section 70 of the Criminal Law (Codification and Reform) Act deals with matters relating to the age group that has to be protected, which is the 12 to 16 age group.
“This is what used to be referred to as statutory rape. Even if they gave their consent, that age group still remains protected at law, hence the perpetrators still have cases to answer.
“There is also Section 65 which primarily deals with rape, whether the female partner consented to sexual intercourse or not. On this one, being referred to mental examination might be out of the need to establish whether the survivor had non-consensual sexual abuse. ”
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