Online Reporter
Trish Mukwazo and Kimberley Chitambara
A 22-year-old man from Bulawayo, who was acquitted of rape and eloping with his 13-year-old “girlfriend” but convicted of engaging in sexual intercourse with a minor, has been sentenced to two years in prison.
Master Mugande, of Aisleby Farm in Umguza District, was found guilty by Bulawayo regional magistrate Mr Matthew Mutiro of contravening Section 70 of the Criminal Law (Codification and Reform) Act (engaging in sexual activity with a minor).
The magistrate suspended six months of the sentence on condition that Mugande does not commit a similar offence within the next five years. The remaining 18 months were suspended on the condition that he performs 420 hours of community service at Samende Primary School in Binga.
In his ruling, Mr Mutiro noted that Mugande and the teenager were in a romantic relationship and that the sexual acts were consensual. However, the court ruled that the accused could not claim ignorance of the complainant’s age, as the two were neighbours and he was aware that she was still attending school.
Evidence presented in court revealed that the victim, who cannot be named for legal reasons, admitted to police that she had been sexually active prior to her involvement with Mugande.
The State, represented by Ms Nomthandazo Mafu, said Mugande proposed a romantic relationship to the complainant in January, and she consented.
“On 23 June, the pair engaged in sexual intercourse at Mugande’s home after the complainant sneaked out of her parents’ house,” she said.
The teenager told the court that she later accompanied Mugande to his rural home in Binga, where they stayed together for three days and continued having unprotected sex. Their stay came to an end when Mugande was alerted by a friend that police were searching 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,” Ms Mafu told the court.
The victim was later taken to hospital for a medical examination.
