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The Herald, 23 August 1984
ZIMBABWEAN society had shown in recent times and continued to show “utter abhorrence” at the offence of rape and the degradation and humiliation of victims, the Chief Justice, Mr Justice Dumbutshena, said in the Supreme court yesterday.
The Chief Justice said this when he doubled the sentence of three and half years imprisonment which had been imposed on a former member of the army, Edson Chisima to seven years, of which four were conditionally suspended for five years.
Chisima was convicted of rape and robbery and was originally sentenced to a total of three and half year’s imprisonment. The Attorney General appealed against the leniency of the sentence on the grounds that the complainant aged 34 years, with nine children, had been humiliated.
Arguing for the Attorney General, Miss Melanie Werret said the woman had been degraded by having been raped twice, slapped in the face and then sent away dressed only in a half petticoat. She had been horrified by being asked to strip herself, she said.
In his judgement, the Chief Justice said, “Society has shown in recent times and continues to show utter abhorrence at the offence of rape and the degradation and humiliation to which women who are raped are put.
“Furthermore, the seriousness with which the society views rape has been made clear by courts, the public and the Government. This is a crime that has aroused the concern and anger of society. Such concern and anger ought to be taken into account when assessing sentence.”
LESSONS FOR TODAY
The decision by Chief Justice Enock Dumbutshena to double the rapist’s jail term on appeal reflects a commitment to justice and accountability within the legal system. It emphasises not only punitive measures, but also societal values regarding crime and victim rights.
This decision reflects a broader commitment within the judicial system to ensure that sentences for sexual offenses appropriately reflect their severity and impact on victims. The appeal process highlighted the importance of accountability in cases involving sexual crimes and reinforced the need for sentences to serve as a deterrent against such behaviour.
Appeals typically involve examining whether legal errors occurred during trial proceedings or if new evidence has emerged that could affect the outcome. In this case, it appears that there was a strong argument made regarding the inadequacy of the initial punishment. By increasing the sentence, Chief Justice Dumbutshena reinforced legal standards concerning sexual violence and highlighted society’s intolerance for such acts.
The ruling can be seen as a move towards better advocacy for victims of sexual crimes, sending a message that their suffering will be taken seriously by the judicial system.
Online Reporter