Online Reporter
Kimberley Chitambara [email protected]
A 35-year-old man from Sipepa area in Tsholotsho District who attempted to have sexual intercourse with his biological daughter aged 14 without her consent has been sentenced to 15 years in prison.
The accused person, who cannot be named to protect the victim’s identity, appeared before Bulawayo Regional Magistrate, Mr Shingai Mutiro facing a charge of attempted rape and was found guilty.
Before passing the sentence, the magistrate highlighted that a penalty for attempted rape is the same as rape and that the offence was committed in aggravating circumstances.
The magistrate also cited the age difference between the accused and the complainant, which is 21 years and that the accused was supposed to protect the victim but chose to abuse her.
The magistrate then ruled that the accused person must be sentenced to 15 years effective in prison.
The State, represented by Ms Rumbidzai Gwishiri, told the court that on May 16 and at around 11PM at their homestead, the accused person and the complainant were sitting on top of the blankets watching a movie on a cellphone with three other siblings in the kitchen hut.
“The complainant lied down intending to cover her younger siblings with a blanket since they were asleep, the accused person took advantage of that and lowered his trousers to the knee-level and drew closer to the complainant and forcibly removed her clothes,” said Mr Gwishiri.
The court heard that the accused person went on to cover the complainant’s mouth with his hand so that she could not scream.
“The complainant’s mother entered the kitchen hut and noticed that the accused person was lying down beside the complainant, covered with a blanket. She then uncovered the blanket and noticed that the accused person’s trousers were lowered to knee level and the complainant was not wearing anything,” she said.
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The complainant’s mother asked the accused what he was doing and he said he was unaware of what he was doing and he woke up and pulled up his trousers and went to report himself to the police leading to his arrest.
