A rapist, Fungai Kashitigu, was on Wednesday commended by regional magistrate Munamato Mutevedzi for being responsible enough to wear a condom when he raped a 20-year-old woman at Pawpaw Lodge on March 6 this year, but slapped him with a 14-year jail term.
Mutevedzi said there was no evidence that Kashitigu infected the complainant with a sexually transmitted disease because he was responsible in his actions although he committed a heinous offence.
“At least he (Kashitigu) was responsible enough to wear a condom before raping the complainant and he thus should be commended for at least attempting to mitigate the danger associated with
sexually transmitted diseases,” said Mutevedzi.
Kashitigu, a corporal in the Zimbabwe National Army (ZNA) based at Mounted Unit Regiment, Inkomo Barracks, will serve an effective 12 years after the magistrate suspended two years.
The court heard Kashitigu was in the company of more than 20 army officers when they besieged Pawpaw Lodge on March 6 where the complainant was initially assaulted before Kashitigu raped her.
The magistrate castigated Kashitigu’s behaviour which he said could put the image of the force into disrepute.
“The accused’s behaviour seriously tarnishes the image of ZNA. He went to the lodge where the offence was committed as soldier number two in command and obviously he needed to be exemplary to the soldiers he was leading; instead he chose to be the roughest of all the soldiers,” the magistrate said.
The court concurred with prosecutor Rufaro Mhandu who said Kashitigu’s behaviour was contrary to that expected of a security officer of a country to whom the citizens looked to for protection.
According to the State, the woman was in her room on the day in question when the soldiers besieged the lodge and started harassing patrons whom they accused of causing their friend’s arrest.
It was not made clear in court what
the soldier had done but Kashitigu and
his colleagues entered the complainant’s room, assaulted her and Kashitigu later raped her.
The military police were called and they rounded up the culprits and handed them over to the police.