Crimes and Court Correspondent
High Court judges Justices Nyaradzo Priscilla Munangati-Manongwa and Siyabona Musithu have made a landmark ruling, stating that mentally-ill people also enjoy sex and have the right to explore their sexuality.
“The notion that persons with mental conditions cannot enjoy sex in their own right needs to be dispelled where there is no evidence that they are mentally incompetent to consent and appreciate the nature of the act,” said Justice Munangati-Manongwa.
The judges made this ruling while releasing Mtindi Zidyengi, a 39-year-old man who was convicted of raping a 33-year-old mentally-ill woman. Zidyengi had pleaded guilty to the charge, but the judges found that there was no evidence to suggest that the woman was mentally incompetent to consent to the sexual act.
“Sexual and reproductive health rights are not a preserve for those without challenges,” said Justice Munangati-Manongwa.
“Such issues constitute an important component of the right to enjoyment of quality of life for each individual.”
The judges criticized the lower court for convicting Zidyengi without expert evidence to prove that the woman was incapable of consenting to the sexual act.
“The trial magistrate should have called a psychiatric nurse to clarify issues rather than formulate opinions or beliefs where a medical condition was concerned,” said Justice Munangati-Manongwa.
The judges also noted that the woman had lucid moments, refused to take medication, and reported her mother to the police, indicating that she was capable of making decisions.
“Those who suffer from mental challenges should enjoy the right to dignity, privacy, and not to be discriminated against during their lucid moments,” said Justice Munangati-Manongwa.
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