Online Reporter
Danisa Masuku, Court Writer
A 22-year-old man from Mpisini Line in Tsholotsho, who was arrested for teaming up with a friend to gang-rape a 15-year-old girl, has been sentenced to 15 years in prison.
Iphithule Maphosa appeared on Tuesday for sentencing before Bulawayo Regional Magistrate, Mr Taurai Manuwere, facing a charge of rape.
Maphosa pleaded not guilty to sexually violating the teenage girl, who cannot be named for ethical reasons. Maphosa, who was a self-actor, told the court that his friend, who is still at large, was the one who raped the girl.
“Your Worship, I didn’t rape her. I saw her while I was in the company of a friend, Kyne Sibanda. We confronted her, and I asked her why she turned down my love proposal,” he said.
“My friend is the one who raped her. She reported me to the police because I was with him, and she assumed I also raped her,” he claimed.
However, the victim articulately recounted the events of the horrific incident and detailed how she was sexually assaulted by both Maphosa and Sibanda.
A medical report produced in court proved that the minor had been raped. At the conclusion of the trial, Mr Manuwere found Maphosa guilty and sentenced him to 15 years in jail.
Delivering the sentence, the magistrate branded Maphosa a monster who acted in an animalistic manner.
“You teamed up with your friend and assaulted the victim before tying her hands with a belt and taking turns to rape her. You behaved like an animal, and that is against our culture,” said the magistrate.
“The girl told this court she was left traumatised and suffered injuries to her private parts. She also told this court that the image of the horrific incident still lingers in her mind and haunts her. The State proved that you committed the crime; as such, you deserve to be jailed. The crime was committed under aggravating circumstances.”
In aggravation, prosecutor Ms Nomthandazo Mafu said the offender breached the trust the girl had in him.
“The offender and the victim stay in the same neighbourhood. The victim regarded the offender as her uncle. He subjected the victim to inhuman treatment by tying her with a belt and assaulting her with an electrical cable and a knobkerrie before they gang-raped her.
“The offender was in a position of power and authority and abused that authority to mercilessly assault and rape the victim. “The medical report confirms that the victim suffered serious injuries and was subjected to emotional trauma. The aggravating factors outweigh the mitigating factors. Your Worship, the offender deserves a lengthy prison sentence to send a message to like-minded persons,” said Ms Mafu.
She told the court that the incident occurred on August 30 of this year while the victim was walking home with her friends. They ordered her friends to leave and questioned her on why she had turned down Maphosa’s proposal. After that, they took turns assaulting her with a knobkerrie and an electrical cable.
The complainant tried to flee, but they pursued and caught her. They then tied her hands to her waist and assaulted her further before taking turns to rape her. The victim managed to escape when Maphosa and his accomplice began arguing over a second session of sexual assault. She ran home and reported the matter, leading to the arrest of Maphosa. His partner in crime is yet to be apprehended.
