The Herald (Harare)

13 February 2013

Zimbabwe: 11 Years for Raping Brother's Daughter

A Chitungwiza man who raped his brother's eight-year-old daughter in a movie style by tying her hands and blindfolding her with a cloth will spend 11 years in prison. He raped the girl while her parents were away and threatened to kill the girl's family and take over the house if she told anyone.

Appearing before Chitungwiza regional magistrate Ms Estere Chivasa, the 19-year-old, denied two counts of rape but was convicted after a fully contested trial.

In his defense, he told the court that he was not around since he is still going to school and that he was away doing some menial jobs.

However, the girl refuted his claims on grounds that he raped her on a Sunday.

Ms Chivasa slapped him with 16 years in prison but set aside five years on condition of good behavior.

In reaching the appropriate sentence, Ms Chivasa took into account what prosecutor Ms Joice Fusire had submitted that the man committed the crime at the age of 18.

"The prosecutor raised important issues that you still need to complete your Ordinary Levels. Although, I do not agree since you are 19 and can pursue your education in prison because of the circumstances in your case.

"You breached the trust bestowed on you to look after the girl and raped her in a movie style and that alone calls for a custodial sentence," said Ms Chivasa.

Circumstances were that on the dates unknown to the prosecutor sometime in November last year, the man was left in custody of the girl when her parents went away.

While the girl was busy perusing photos in her parents' bedroom, the man entered and tied her hands and put a blindfold on her.

He pushed the girl to the bed and raped her.

During the evil deed, he stopped abusing the girl when he heard some footsteps outside.

After the act, he threatened to kill the girl's family if she disclosed the offence to anyone.

The girl told her sister when she visited Bikita and she informed their mother who reported the matter to the police leading to his arrest.

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