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Yoliswa Dube
“WHAT started off as a trip into town to buy ice-cream with my boyfriend of two days turned into the worst day of my life when he made a detour into a lodge where he raped me several times. “He dragged me into a room, locked the door and forcibly pushed me onto the bed. Before l could scream for help, he covered my mouth with a pillow and threatened to kill me if l attempted to scream.
“I felt so powerless. I just lay there.
“He removed my clothes and was ready to do what he had planned. He raped me. In broad daylight. I lay there, helpless and in pain,” said Ruva, 21, as she narrated her rape ordeal.
She continued: “After he had finished raping me, he ordered me to get dressed. When l was done, he drove to a bus stop and left me there before he drove away in a huff. So many things were going through my mind as l stood at that bus stop. I couldn’t believe that had actually happened to me. For a moment l felt numb. I was confused and l didn’t know where to go. I felt used, worthless and embarrassed.”
After eventually getting transport into the city centre, Ruva said she went straight to a friend’s house whom she told what had happened.
“I got to a friend’s house and just cried. I couldn’t talk, I couldn’t control myself. I just cried,” she said with teary eyes and a trembling voice.
She said after composing herself, she told her friend what had happened. Her friend later accompanied her to a police station on that very day.
“When we got to the police station, the police called the guy and detained him at the charge office after which they just told me to go home and come back the next day. When we went back to the police station, we were assigned a constable who helped us get a medical report reference, which I later used to receive post exposure prophylaxis at the clinic.
“I was given the tablets but l just couldn’t take the treatment. I’d vomited each time l tried. I was so emotional, I couldn’t eat or bath — I couldn’t even talk to anyone anymore. I was taken for counselling but still, for a very long time, l couldn’t talk to anyone. I would just rather remain quiet,” she said.
Her case was heard on January 6 after which the magistrate ruled there was no case.
“I was raped on November 14, 2013 and appeared in court in January. The court questioned what l was doing at the lodge. They said it was consensual and the case was dismissed. I couldn’t believe it. I thought he’d be jailed. I wanted him to suffer for what he had done to me. I thought l’d get justice. I just couldn’t believe that he would walk scot-free. I became more withdrawn and didn’t care about life anymore,” said Ruva.
In light of at least 27 rape cases recorded in Zimbabwe per day, First Lady Amai Grace Mugabe at the weekend said men who sexually abuse women and girls should face harsh punishment, including the possibility of hanging.
“Ini ndinofunga kuti vanhu vakadaro, people who commit such heinous crimes, should be immediately sent to the gallows kunochekwa musoro chaiwo. Handione pane reason yekuti patombofungwa kana chii. That person is not fit to be part of a society,” said Amai Mugabe.
The First Lady said the effects of abuse were cumulative and also detrimental to would-be victims. She cited a case of a five-year-old girl from Gokwe who had her uterus removed after being raped by an uncle.
“That child will not be able to have her own family tomorrow and will be traumatised forever. When God fashioned you (men) with those instruments that you carry around and abuse, his intention was for you to use them for reproduction.
“But the way you go and sow those seeds is sometimes disheartening. Zvakanaka here kuenda kunodyara seed iyi mumwana mudiki? It’s embarrassing! It’s very bad!”
Following Amai Mugabe’s call to hang rapists, women and children rights groups said the existing legislation on sexual abuse in the country was stiff enough and hanging perpetrators would not be deterrent.
“Legislation regarding sexual abuse in Zimbabwe is actually very good. Even the protective systems in the country are also good. The penalties are stiff enough but the problem is the enforcement of these laws.
“Also, l don’t think these men are aware of the punishment they stand to face after sexually abusing someone,” said director for Contact Family Counselling Centre, Despina Madonko.
She said how quick those responsible reacted to rape cases was equally important.
“We’re happy that influential people are interested in sexual abuse issues because there are really sad situations out there but it’s not a matter of punishment that’s a problem. It’s an issue of awareness. Women and children are not protected enough and men think they can do whatever they want.
“The systems in place from the moment a victim reports a case to the police and are taken to hospital and later for counselling are very good. We just don’t understand what it is with these men; are they frustrated? It’s just inhumane,” said Madonko.
Child sexual abuse co-ordinator Grace Muzwuru said sexual abuse is any activity that gives sexual gratification to the perpetrator and rape is the most grievous one.
“I perfectly understand where the First Lady is coming from. What’s happening in the country regarding sexual abuse is disheartening to say the least. It becomes a very emotional issue considering the number of people who walk through our doors for counselling after an incident of rape. This emotion comes with a reason but let’s not be reactive but rather proactive.
“I understand why people are angry. Amai Mugabe is not wrong, we understand where she’s coming from.
“Community and parental response to rape is not sufficient. Sometimes you find families protecting the perpetrator.
“They want to keep it a family issue,” said Muzwuru.
She said families need not consider legal issues only but also medical complications associated with rape.
“There is the issue of HIV infection, transmission of STIs, pregnancy and other complications. Let’s also start believing children that talk about sexual abuse and protecting abusers needs to come to an end. All leaders should do this. They must talk about sexual abuse at any opportunity they get. Everyone should talk about it. Also, existing laws must be implemented timeously,” said Muzwuru.
She said it was tempting to hang or castrate rapists but some of them were juveniles making it difficult.
“Yes, it will be a big deterrent but some of these offenders are juveniles. They need rehabilitation. It’s difficult to have one answer, the issue needs reflection and consideration,” added Muzwuru.
According to the Criminal Law Codification and Reform Act Section 65 (1) if a man knowingly has sexual intercourse or anal sexual intercourse with a woman and, at the time of the intercourse the woman has not consented to it; and he knows that she has not consented to it or realises that there is a real risk or possibility that she may not have consented to it, he shall be guilty of rape and liable to imprisonment for life or any shorter period.
Section (2) of the same Act says for the purpose of determining the sentence to be imposed on a person convicted of rape, a court shall have regard to the following factors, in addition to any other relevant factors and circumstances; the age of the person raped; the degree of force or violence used in the rape; the extent of physical and psychological injury inflicted on the person raped; the number of people who took part in the rape; the age of the person who committed the rape; whether or not any weapon was used in the commission of the rape; whether the person committing the rape was related to the person raped and whether the person committing the rape was infected with a sexually transmitted disease at the time of the rape.
Constitutional lawyer Professor Lovemore Madhuku said there was no basis for a call to hang rapists unless people want to kill the existing constitution.
“The constitution that was passed is clear. The death penalty is reserved only for aggravated cases of murder, even then, there are certain criteria used to execute the death penalty including the age of the perpetrator at the time of committing the crime,” said Prof Madhuku.
derick.khumalo
Online Reporter