Online Reporter
Sukulwenkosi Dube-Matutu, [email protected]
A 20-YEAR-OLD Gwanda man will spend 16 years in jail for raping his cousin aged four.
The accused, who cannot be named for ethical reasons, pleaded not guilty to rape, but was convicted due to overwhelming evidence by Gwanda Regional Magistrate, Ms Sithembiso Ndebele
He was sentenced to an effective 16 year jail term.
In passing the sentence, Ms Ndebele, said she took into account that the complainant is a vulnerable minor.
She also noted the huge age difference between the accused person and the complainant.
Ms Ndebele said what made the situation worse is that the accused person is related to the complainant and as such was supposed to assume a protective role.
“What is aggravating is the age difference between the accused person and complainant, which is 16 years. The complainant is also vulnerable because of her age. The accused person is also a brother to the complainant, which means that he was supposed to assume a protective role but instead, went on to harm the complainant,” she said.
Ms Ndebele said if the accused had not been caught red-handed raping the complainant by her sister, he could have escaped arrest and prosecution.
The law states that if a sexual offence is committed under aggravated circumstances then the sentence shouldn’t be less than 15 years.
“The medical report, which was tendered before the court as evidence has shown that the complainant was penetrated, which caused her injuries.”
Ms Ndebele said there was also a need for stiff sentences to deter those who might want to prey on children. She said the actions of the accused have left the complainant traumatised and might have far reaching emotional consequences.
Prosecuting, Ms Zanele Sithole, said the accused person raped the complainant on March 1 while she was sleeping at home.
“On March 1, the accused person arrived at the complainant’s home in Humbane Village. He found her sleeping on the floor while her sister was sleeping on the bed,” she said.
“The accused person got into complainant’s blankets and raped her. The complainant’s sister woke up and saw the accused person in the complainant’s blankets and he fled.
“The sister reported the matter to their mother, who confronted the accused person about the matter, but he denied. The complainant started complaining of pain in her private parts and told her mother. The matter was reported to the police, resulting in the arrest of the accused person,” she said. — @DubeMatutu
