dyton mupawaenda
Mathew Masinge
A Chivhu tout, who abused a 16-year-old girl after he found her stranded at a shopping centre, has been jailed 10 years for having sexual intercourse with a minor.
Simbarashe Guvheya (23) met the teenager at Masasa Business at around 6pm on February 16 lastyear when she failed to return to return to her home in Wiltshire.
The teenager had left the compound in search for work but failed to secure one.
Guvheya was a complete stranger to her but appeared helpful.
The two professed love for each other and agreed to go to Guvheya’s house where they lived as husband and wife for 12 days.
The matter came to light when the teenager sought relationship advice at Masasa Police Station leading to Guvheya’s arrest.
He was arraigned before a Chivhu magistrate who convicted him of the offence at his own plea of guilty.
During Guvheya’s pre-sentencing hearing, the court heard that he was also HIV positive and had the condition since birth.
However, fully aware of his condition Guvheya went on to engage in unprotected sex with the teenager before their blind and short-lived romance soured.
In the process the victim conceived and abandoned her plans to seek employment.
Luckily, after two tests were conducted the teenager was found HIV negative.
The magistrate then referred the matter to the High Court for review.
After submissions, High Court Judge Justice Lucy Mungwari noted that the proceedings before the trial court were in accordance with real and substantial justice.
“Moreover, the accused explicitly disclosed that he was aware of his HIV-positive status at the time of the offense, as he was born with the condition.
“Finally, I conclude that there are no unique or exceptional circumstances in the offender’s personal situation.
“Despite being twenty-three years old and a youthful offender, he is still an adult who knowingly
jeopardised the victim’s health by exposing her to the risk of infection.
“As previously mentioned, in the absence of special circumstances, the court’s discretion is restricted, and it is mandated by law to impose the minimum sentence of ten years. Accordingly, the offender is sentenced to 10 years imprisonment,” said the judge.
Online Reporter