Rapist uncle gets 25 years

News
A 49-year-old man from Samlotha village in Tsholotsho was yesterday slapped with an effective 25-year jail term by Bulawayo Regional Court magistrate Sikhumbuzo Nyathi after being convicted of raping his 12-year-old niece three times.

A 49-year-old man from Samlotha village in Tsholotsho was yesterday slapped with an effective 25-year jail term by Bulawayo Regional Court magistrate Sikhumbuzo Nyathi after being convicted of raping his 12-year-old niece three times.

SILAS NKALA STAFF REPORTER

The uncle had pleaded not guilty to the rape charges, but Nyathi convicted him after a full trial during which the 12-year-old victim and her mother testified.

Nyathi sentenced him to 15 years in jail for each of the three counts totalling 45 years in jail.

Nyathi said the sentence for the first two counts would run concurrently and then suspended five years on condition of good behaviour in the third count.

The magistrate said according to the evidence brought to court by the girl, the rape occurred under circumstances which allowed the accused to do so.

He said each time the uncle sexually abused his niece, the two of them were always alone.

Nyathi said after raping her for the first time, the girl appeared gullible in the second and third counts and complied with his orders.

He said the girl’s evidence in court was consistent and her mother corroborated it.

“Complainant’s mother is 57 years old and she is your sister. She denied any dispute between her and accused over goats,” Nyathi said.

“She disputed that she influenced the child to lie against accused. The evidence that she (girl) used to visit you was not disputed.

“This dismisses all that you were saying concerning a dispute between her mother and you over goats.

“When we look at her age, in all the three counts she was sexually abused she was below 12 years old.”

“In the evidence brought to court, there was no finding that complainant and her mother could have reasons to lie about accused in court. Therefore the court finds that they did not lie against you. In totality, I am satisfied that the evidence has proved accused guilty and I find you guilty as charged.”

In sentencing the uncle, Nyathi said offences of sexual abuse were prevalent these days and a deterrent sentence was supposed to be given to the offenders to send a clear message to like-minded people.

While Nyathi was still talking, the man interjected saying: “Why has my side of the story not been listened to? Could I be jailed when I have not committed any offence? She (his sister) has been threatening me,” the man said.

Nyathi said if the uncle had any queries about his conviction and sentence, he could appeal to the High Court as documents with the sentence passed would be sent to the High Court for review.

When the magistrate asked the man if he wanted to apologise to his sister and niece over what he did, he replied: “I have nothing to apologise for. I did not commit this offence; if this is what my sister wanted me to be then let it be.”

After the magistrate adjourned the court, the man remained in the dock and shouted: “So this means I will die in jail for a crime I did not do?”

Nyathi said he was addressing the wrong people and should go and discuss the matter with fellow convicts in jail. Prosecutor Masimba Saruaka told the court that on December 3 last year at 10am, the girl was on her way to the nearby bush to look for firewood.

Her uncle called him to his home and she complied.

On arrival he took her to his bedroom where he ordered her to lie down, but she refused before he grabbed and raped her.

On January 4 2014 at midday, the man found the girl alone at home and took her to a bush where he raped her.

On February 22 at 9am the girl was on her way to the borehole to fetch water and the uncle was cutting firewood in the bush near the borehole.

He called her and raped her.

The matter came to light on February 23 when the girl’s mother discovered that she moved with a limp and she questioned her.

She then revealed that she had been raped by her uncle.