Compensate rape victim, govt ordered

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IN a landmark judgment, the Supreme Court of Zimbabwe yesterday ordered the government to compensate a Chegutu woman who gave birth to an unwanted child after she was raped by armed robbers.

IN a landmark judgment, the Supreme Court of Zimbabwe yesterday ordered the government to compensate a Chegutu woman who gave birth to an unwanted child after she was raped by armed robbers.

CHARLES LAITON SENIOR COURT REPORTER

Judge Justice Bharat Patel said Home Affairs and Health and Child Care ministry officials acted negligently by delaying to terminate the pregnancy after Mildred Mapingure reported that she had been raped. He said Home Affairs and Health and Child Care ministers were accountable for their employees’ actions.

“In summation, I am satisfied that the police failed in their duty to assist the appellant timeously in having her pregnancy prevented by the doctor,” he ruled. “Again, the doctor himself failed to carry out his professional duty to avert the pregnancy when it could have been reasonably prevented.”

However, the Justice, Legal and Parliamentary Affairs ministry was absolved of any wrongdoing in the matter. Mapingure had told the court that on April 4 2006, she was raped by robbers at her home in Chegutu and immediately reported the matter to the police.

She also said she requested that she be taken to a doctor to be given medication to prevent pregnancy and any sexually transmitted infection.

The court heard that she was later taken to hospital and attended to by a Dr Kazembe to whom she repeated her request to prevent pregnancy, but the doctor only treated her injured knee.

Mapingure said the doctor told her he could only attend to her request for preventive medication in the presence of a police officer.

He indicated the medication had to be administered within 72 hours of the rape. Efforts to get assistance from the police and the hospital proved futile resulting in Mapingure giving birth in December of the same year.

Justice Patel referred Mapingure’s claim of damages for pain and suffering to the High Court for assessment.

In 2012, Mapingure made a High Court application seeking an order to compel the State to pay damages and maintain her child, but the matter was dismissed. She appealed to the Supreme Court.