Woman convicted for sex with teenager

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A 25–YEAR–OLD married woman who had sexual intercourse with a teenager was lucky to escape jail after she was ordered by Harare magistrate Fadzai Mtombeni to do 840 hours of community service at Rujeko Poly-Clinic.

REPORT BY SENIOR REPORTER

Although the accused, who resides in Dzivarasekwa, was charged with aggravated indecent assault as defined in Section 66 of the Criminal Law (Codification and Reform) Act, the court ruled that the complainant had consented.

“The complainant indeed had sex with the accused, but on terms they had agreed on. If sex was by consent, it removes the aggravated indecent assault element of lack of consent. It leaves accused guilty of a less serious offence of contravening section 70 of the code which provides for unlawful sexual intercourse with a minor,” she ruled.

The woman was then slapped with a four-year prison term, of which two years were suspended on the condition that she would not, within the same period, commit a sex–related offence.

The remaining two years were further suspended on the condition that she performed unpaid labour.

Allegations against the woman were that on July 17 this year at around 11 o’clock in the morning, the 15–year–old complainant went to her house intending to collect some cash from her husband.

Upon arrival, the complainant, who is a Form One pupil at a private college in Dzivarasekwa 2, was told that accused’s husband was not present.

While he was still at the house, a girl identified only as Abigail invited the complainant to come and sleep between her and the accused person. After the complainant said he was not interested in both women, the accused tried to convince him to have sexual intercourse with her, but he refused.

Accused then went into another room before calling the complainant to join him.

Inside the room, the accused dragged the teenager onto the floor and removed his trousers and pants before lying on top of him. She started caressing the complainant’s private parts before having intercourse with him.

The complainant went home and told a friend that he was now sexually active. The friend then went to make a police report, leading to the arrest of the accused person.

27 COMMENTS

  1. If the victim was female, this nonsense of consentual sex would not be considered. Intercourse with a minor is statutory rape and the accused must be sentenced accordingly. If the accused is hiv postive then the victim has been affected. The new constitution doesnt allow discrimination as shown is this case. Rape is rape.

  2. from the report they say that the complainant refused and was called to another room then forced down…………………… is this not rape?????????

    Guys tongai zvakanaka

  3. The ruling is grossly biased because it appears as if men think better than women. Statutory rape should be treated the same regardless of gender. Batai munhu.

  4. Why was the sentence suspended. Was it going to be the same if it were a man raping a teenager. This issue of women rights are going to destroy our justice. We want equal rights NOT women rights!

  5. I think this unlearned magistrate should be investigated. It could be a case of fake educational/training certificates being used by this dude. In other words we may be dealing with a bogus magistrate. The case is very clear, rape or whatever its equivalence.

  6. The judgement in tnis case is not fair at all. A point that has to be understood is that the young boy never consented to the act,hence the seriousness of the case starts here. Munhu ngaaende kujeri. To me,a suspended sentence is just provocation to ordinary people like me.Maybe the accused person knows it well that she is HIV positive. The magistrate could have thought seriously about what was done to the complainant. Ngatimboti dai mwana uyu ari wamutongi ava,vainzwa sei musungwa achipiwa mutongo waakadai.

  7. this is gross miscarriage of justice. mukadzi ngaaende kujeri becoz what she did might ruin the future sexual life of the boy. what about the boy’s health & emotional stress. once sex is forced nomatter what age or gender it becomes rape or sexual volence. HANDEI KUJERI ASIKANA.

  8. could somebody define statutory rape for us.The minor turned down the sexual invitation, and then in the ruling we are told that, there was consent! We will never understand somethings. If a girl was involved, we would have heard knives, death, 14 years, etc. I guess its the way such matters are between male and female. Only the male is capable of raping?

  9. Ok, mave kudaro nekuti mutadzi, oh, sorry, I meant to say mukadzi, slip of tongue. By the way this case was tried by a woman who could also be committing such heinous crime – she felt guilty kubatirira a crew member (umwe wake). Birds of the same feathers………….

    Eeish! Ma-one baba.

  10. How come it never happened to me when I was form 1…Jokes..but anyway look at the mind of the boy he goes bragging (men will always be men) which means stupid

  11. handina shuwa nacho chikomana ichi chinenge chakarova zvinhu zvemukadzi wemunhu chikanhakirwa but like most sexual encounters you only realise your mistake watotunda

    • Anah, unaverenga mushe, mukadzi (chifeve) ndiye akarova zvinhu zvemukomana by ginya. Endawo kumanight school pamwe ungavhurika pfungwa

  12. Mutemo wakanaka asi wakaipazve. last time I checked RAPE in Zim was defined as the “…non consensual penetration of the vagina or anus…” Technically therefore, a female can’t rape, for she lacks the equipment to cause penetration, though she can coax the victim’s organ to become firm and allow herself to be penetrated…

  13. Statutory rape means that a minor cannot give consent. So even if a minor says “come and have sex with me” it is still statutory rape. It means that a minor is not mature enough to give sexual consent to an adult, because they aren’t mature enough to understand and deal with the potential consequences of sex.

    If he didn’t give his consent, which he did (and that doesn’t count under the law) she would be facint a much more serious charge. It is the difference between having consensual sex with a minor, and actually forcing an unwilling minor to have sex with you

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