tawandamusarurwa
Sunday Mail Reporter
A HARARE woman and her 13-year-old daughter are living in fear after her estranged husband, who had been sentenced to serve 20 years in jail for raping the teenager, was released from prison under “unclear” circumstances and is now constantly visiting their home.
The man, who cannot be named to protect the identity of the daughter, who is a sexual offence victim, was handed the jail sentence on January 25 last year by Harare regional magistrate Mr Ignatio Mhene for raping the minor.
However, through his legal attorney, Mr Prichard Kufazvinei of Mhaka and Attorneys, he filed an appeal at the High Court on September 20, 2022.
The appeal hearing was set for October 30, before Justice Moses Foroma and Justice Pisirayi Kwenda, who quashed his conviction, setting him free on November 23.
“Whereupon reading documents filed on record, and hearing counsel, it is ordered that the appeal is allowed and the conviction quashed,” ordered the High Court.
After his release, the man reportedly went to stay with his parents in Highfield, instead of his matrimonial home, where his wife and daughter were staying.
The wife is now alleging that the man is constantly visiting the matrimonial home, causing his wife and daughter to live in fear.
In an interview, the wife, who also cannot be identified, said she was disappointed by how the matter was handled.
“This matter was not handled properly,” she said.
“He was sentenced to 20 years and only released after serving seven months.
“My appeal is for him to finish the 20-year sentence handed by the magistrates’ court.
“He should pay for his crimes inside prison, not outside. We are now very much afraid that he is outside of prison.”
She pleaded with the authorities to look into the matter again.
“So far, he has come to our matrimonial home four times. I met him three times and he’s coming to interfere with the victim.
“We are living in constant fear that one day he might kill us. I am living with the constant pain of seeing the perpetrator walking free on the streets after causing so much pain to my daughter and myself.
She said she is contemplating applying for a peace order. Efforts to get a comment from the man proved fruitless.
According to the court order for his release seen by The Sunday Mail, the National Prosecuting Authority did not oppose the appeal.
Allegations against him are that between September 2020 and August 2021, he raped his daughter while his wife was away.
The sexual abuse allegedly took place several times, with the last allegedly taking place on August 18, 2021.
The daughter only confessed about the abuse to her mother on August 26 of the same year, leading to the father’s arrest.
However, in his defence at the magistrates’ court, the man denied the allegations, saying they were fabricated.
He said he was having marital problems with his wife, hence she was using the child to fabricate the allegations.
Online Reporter