A 65-year-old Mudzi man who took turns with his nephew to rape the latter’s 15-year-old girlfriend after offering her a soft drink spiked with alcohol, was yesterday sentenced to nine years in prison.
The man and his nephew (18) denied rape charges before Chitungwiza regional magistrate Ms Estere Chivasa.
They were, however, convicted after prosecutor Mr Tendai Mukariri brought overwhelming evidence against the pair.
Ms Chivasa handed them 12 years in prison each, but conditionally set aside three years for five years.
In his defence, the old man told the court that the minor was lying against him since he did not know her.
He said she even suggested that he took her as a wife, a claim Ms Chivasa reputed after the girl proffered solid evidence during her testimony.
In handing down the sentence Ms Chivasa took into account that the pair had strong mitigatory features.
“I took into account that first accused (old man) you are a family man married with five children and that you are an elderly person, while the second accused, is a youthful offender.
“However, against you I considered that you took advantage of the unsophisticated village girl to sexually abuse her. You had no good intention but to use her. Accused two (boyfriend), I do not understand how you would marry complainant after she had sex with your uncle who is a married man, but only to use and dump her,” she said.
Ms Chivasa said this was more of a gang rape after the abuse occurred in a short space of time.
Circumstances were that on New Year’s Eve last year, at around 7pm, the 18-year-old visited his girlfriend at her parents’ house and invited her to his home.
He asked her to sit on his lap and started fondling her only to be disturbed by his uncle who knocked on the door and he joined him outside.
The teenager told his girlfriend that he was going out to prepare supper outside, leaving her with his uncle who offered her a soft drink spiked with alcohol.
He lifted the minor from the floor and raped her.
Her boyfriend came into the room and saw her crying. She told her of the abuse but he remained silent.
The teenager prepared bedding on the floor and raped her.
