CHINHOYI — A 31-year-old HIV positive Mutorashanga man raped his neighbour’s seven-year-old daughter who had sought refuge at his homestead after a domestic fight at her home, a magistrate has heard.
Report by Own Correspondent
The accused, Cainos Kusotera, was on Tuesday sentenced to an effective 18 years imprisonment when he appeared before regional magistrate Never Katiyo.
Kusotera was initially slapped with a 20-year jail term before two years were suspended for five years on condition he does not commit a similar offence within that period.
The court heard that on March 28 last year at Mussorie compound in Mutorashanga, at around 10pm, an altercation between the complainant’s parents ensued resulting in the daughter seeking refuge at Kusotera’s home.
Accused took advantage of the girl’s vulnerability and lured her into his makeshift bathroom where he instructed her to undress while threatening to stab her with a knife, it was heard.
The complainant tried to resist, but accused became more menacing with his threats to kill her, forcing the minor to comply out of fear.
Accused then repeatedly raped the minor, but was caught red-handed by the victim’s mother who had come looking for her. The matter was reported to police leading to Kusotera’s arrest.
In mitigation, Kusotera told the court that he was recently diagnosed HIV and was now surviving on antiretroviral drugs and, therefore, sending him to prison would compromise his failing health.
The magistrate rubbished the defence saying the heinous act would burden the victim for the rest of her life especially if she contracted the disease during her ordeal.
Lucky Dube prosecuted.