Online Reporter
Patrick Chitumba, Zimpapers Writer
A VILLAGE head from Dzavakwa Village, Zvishavane, has been handed a 17-year prison sentence after being convicted of raping a 23-year-old woman with a mental disability.
Jonah Musengi (40), who is the traditional leader for Dzavakwa Village under Chief Masunda, appeared before Zvishavane Regional Magistrate, Mr Tavengwa Sangster. He faced charges of intentionally engaging in sexual intercourse with an adult female who, due to mental incompetence, is incapable of giving legal consent.
Musengi entered a plea of not guilty to the charge but was convicted following a full trial. Mr. Sangster subsequently sentenced him to an effective 17 years in prison.
In delivering the sentence, Mr Sangster stressed that Musengi deserved a lengthy custodial term for abusing the trust placed in him by the complainant’s family and the community at large, considering his position as a respected village head.
Prosecutor, Ms Melissa Makombe, informed the court that the complainant (whose identity remains protected) lives in Dzavakwa Village and is unemployed. The court heard that Musengi and the complainant are not related, though they reside in the same locality.
The prosecutor detailed the incident, which occurred on 18th September at approximately 2PM. The accused went to the complainant’s residence and found her in the company of her father.
Ms Makombe explained that Musengi informed the complainant’s father that the sorghum required for the rain-making ritual had dried and needed crushing. The complainant’s father, therefore, instructed his daughter to accompany the accused to his homestead to carry out the task.
“The accused took the complainant to his homestead, and upon arrival, there was no one at home. The accused instructed the complainant to enter the round hut, and he followed behind. While inside, the accused grabbed the complainant with both hands and told her that he loved her,” Ms Makombe stated.
The complainant attempted to push Musengi away, but he grabbed her tighter, forced her to the ground, and proceeded to pull down his trousers and pants slightly.
“He then undressed her and had sexual intercourse with her once without her consent,” the prosecutor told the court.
Following the assault, the complainant crushed the sorghum as instructed and returned home around 5PM.
A few days later, the complainant’s father noticed a change in her behaviour and alerted her mother. After being questioned by her mother, the complainant revealed the assault. A report was subsequently filed with the police, leading to the prompt arrest of the village head.
