Zim GBC News | Crimes and Courts
UMGUZA – A 19-year-old man from Umguza has been spared a prison sentence after being convicted of having sexual intercourse with his 13-year-old girlfriend. Praise Mudimba was instead ordered by the Bulawayo Regional Magistrates’ Court to complete 560 hours of community service.
Mudimba, a resident of Joyful Farm, appeared before magistrate Mr Taurai Manwere facing a charge of rape. He pleaded not guilty to the charge but was convicted following a full trial.
In passing sentence, the magistrate handed down 24 months imprisonment. However, eight months were suspended for five years on condition of good behavior. The remaining 16 months were also suspended on condition that Mudimba completes 560 hours of community service at ZRP Sauerstown, beginning on February 23.
The court heard that on December 23 last year, at around 10 AM, Mudimba went to the victim’s home and asked her to accompany him to a nearby bush. The 13-year-old agreed to go with him.
Prosecuting, Ms Nomthandazo Mafu outlined the events that followed.
“In the bush, the accused person started kissing her and he removed her pants and skirt and raped her,” said Ms Mafu.
After the act, the Court heard that Mudimba gave the complainant buddie airtime worth US$1 and promised to give her US$10. He never paid the promised money, leading the minor to report the matter to the police.
Mudimba was subsequently arrested, and the victim was referred to Mpilo Central Hospital for a medical examination.
In his ruling, the Magistrate took into account the nature of the relationship between the two, noting that the pair were in a romantic relationship and that the complainant had consented to it.
Under Zimbabwean law, however, a child under the age of 18 is considered incapable of giving legal consent to sexual acts.
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