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Rapist (18) spared jail

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KADOMA — An 18-year-old man was yesterday spared a custodial sentence for raping a 12-year-old girl on the basis that he was still a juvenile at the time he committed the crime.

KADOMA — An 18-year-old man was yesterday spared a custodial sentence for raping a 12-year-old girl on the basis that he was still a juvenile at the time he committed the crime.

REPORT BY OWN CORRESPONDENT

Ocean Modikayi of Village 3, Mazareta Farm, Kadoma, was initially sentenced to six years imprisonment which were conditionally suspended for five years when he appeared before regional magistrate Never Katiyo.

Modikayi, who was 17 years old when he committed the offence, no longer qualifies for corporal punishment since the Constitution prohibits an adult from being canned as it degrades both the accused and the person administering the strokes, the magistrate ruled.

Prosecutor Nyasha Katurura told the court that on November 1 last year, complainant who was aged 12 years went to Mazareta Farm grazing area alone at around 2pm looking for her parents’ cattle.

Accused is said to have followed her to the bush, grabbed her from behind and tripped her to the ground before raping her.

On November 4, complainant’s mother (name withheld) noticed her daughter walking with an unsteady gait and quizzed her.

Complainant spilled the beans and the matter was reported to police leading to accused’s arrest. The girl was taken to Kadoma General Hospital for medical checks and it was confirmed she had been molested.

Asked by the magistrate why he had committed the crime, accused stunned the court saying he loved the girl whole-heartedly, but feared she would spurn his advances if he proposed love to her.