Online Reporter
Trish Mukwazo, [email protected]
A 22-YEAR-OLD Bulawayo man who was facing charges of raping and eloping with his 13-year-old “girlfriend” has been acquitted of rape but convicted of having sexual intercourse with a minor.
Master Mugande of Aisleby Farm in Umguza District, was convicted by Bulawayo regional magistrate Mr Matthew Mutiro of contravening Section 70 of the Criminal Law (Reform and Codification) Act (having sex with a minor). He was remanded in custody to Monday for sentencing.
In his ruling, Mr Mutiro noted that Mugande and the teenager were in a romantic relationship and the sexual acts were consensual. However, the court ruled that the accused could not plead ignorance of the complainant’s age as the two were neighbours and he was aware she was still attending school.
Evidence before the court revealed that the victim, who cannot be named for legal reasons, admitted to police that she was already sexually active before her involvement with Mugande.
The State, represented by Ms Nomthandazo Mafu, said Mugande proposed love to the complainant in January, and she consented.
“On June 23, the pair had sexual intercourse at Mugande’s home after the complainant sneaked out of her parents’ house,” she said.
The teenager told the court she later accompanied Mugande to his rural home in Binga, where they stayed together for three days and continued having unprotected sex. Their stay ended when Mugande was alerted by a friend that police were looking for them, leading to his arrest in Bulawayo.
“I stayed there for three days and we slept together three times without protection. On 27 June, the accused received a phone call from one of his friends informing him that we were wanted by police in Bulawayo,” she told the court.
The victim was taken to hospital for medical examination.
