Moffat Mungazi
Lovemore Kadzura
Weekender Reporter
A SCHOOLGIRL recently helped the man who allegedly sexually abused her to evade punishment by falsely claiming to authorities that she had told him that she was over 18 years.
This revelation came to light during a hearing at Chief Makoni’s community court last week, where the 16-year-old girl’s father had brought the alleged abuser, Stan Musvipa (21), to court seeking damages — three beasts, three goats, and US$1 500.
The father, whose name has been withheld to protect the minor’s identity, told the court that Musvipa disappeared with his daughter for two months, and stayed with her as his wife.
He said Musvipa only returned his daughter after police intervention.
“My daughter was attending school, doing Form Three last year. I stay in Harare, and was informed by wife that she had disappeared from home. We later learnt that she had eloped with Musvipa, and was staying with a relative in Chivhu. We only found her after two months.
“Police later contacted me saying they had my daughter at the station, together with her boyfriend. They further said my daughter had told them that she loves her boyfriend, and was enjoying the union. I told the police that they should just act as the law dictates because my daughter was still a minor,” said the father.
Musvipa told the court that the minor had told him that she was 18 years, and he also returned the girl to her parents following the police intervention.
“I did not return her because of lack of love, but I was called by the police who informed me that she was still below 18 years. I was charged and taken to the criminal court. When we started dating, she told me that she was 18 years. I said this in court, and she confirmed the same, and I was set free.
“Police informed me that if I wanted to marry her, I should wait until she turns 18, and stop staying with her. She later ran away from her home to my place again, alleging that her mother had chased her away to stay with me.
“When we were in love, I used to meet her during the night at the shops. She would ask for money to buy food, saying she was having problems as her parents had separated. She also told me that she was repeating, and that was why she was attending lessons at a private school. I took her to Masvingo after she said she was pregnant,” said Musvipa.
The teenager told the court that she regrets conniving with her alleged abuser to mislead court officials about her age.
“I never told him that I was 18 years, and he knew very well that I am 16 years. He is the one who told me that I should tell the police and court officials that I had told him that I was 18-years-old when we were dating. He said this would save him from arrest and jail. This time if the matter is taken back to the criminal court, I will tell the truth because I found out that his plan was to dump me after being cleared by the court. I never repeated school as he is claiming,” she said.
The girl’s mother said Musvipa manipulated her daughter by luring her into a relationship, and also sweet-talked her into lying that she was 18 years.
“He knew that my daughter is below 18 years and still going to school. He met her in school uniform. He manipulated her, taking advantage of her young age to abuse her,” she said angrily.
Chief Makoni dismissed the initial demand by the girl’s father, claiming it was equivalent to roora demand.
He added that the court cannot grant such a wish in a case involving a minor.
He ordered the parents to take back their daughter and re-enrol her in school. Musvipa was ordered to pay the girl’s father one beast for damage.
“The girl should have told the court the truth that Musvipa knew that she was underage. Her lies saved Musvipa from jail. The girl is now changing statements after discovering that he no longer loves her.
“The matter was dealt at the magistrates’ court and concluded. The parents must take back their daughter, and enrol her back in school so that she catches up with others. Musvipa is ordered to pay the father one beast for sleeping with his minor daughter. He is also ordered to meet the father’s cost of the lawsuit, which is US$90,” ruled Chief Makoni.
Online Reporter