A 32-YEAR-OLD man from Gwanda has been jailed for 15 years
for raping his friend’s wife after he found her alone at her home while her
husband was at work.
Bukhosi Nyathi of Tshoboyi pleaded not guilty to a charge
of rape when he appeared before Gwanda regional magistrate, Mr Mark Dzira, but
was convicted due to overwhelming evidence.
He was sentenced to 15 years imprisonment and three years
were suspended on condition that he does not commit a similar offence within
the next five years. He will serve an effective 12 years.
In his defence, Nyathi, who was being represented by Mr
Bukhosi Ncube of Mlweli Ndlovu and Associates, said the complainant had
consented to having sexual intercourse with him as they were having an affair.
“My client will state that he had an extra marital affair
with the complainant and he had consensual sexual intercourse with her. On the
date in question my client went to the complainant’s home to check whether her
husband was there so they could spend the night together and she told him that
her husband was in Bulawayo.
“The complainant then poured some bathing water and she and
my client had a bath together outside. The complainant went into the house and
my client followed him inside as per agreement,” he said.
Mr Ncube said while his client and the complainant were in
the house, they heard a male voice outside and the complainant ordered Nyathi
to get out as she suspected that it was her husband who had come back
unexpectedly. Chronicle
He said the complainant’s children woke up before Nyathi
could get out of the house and they saw him. Mr Ncube said the complainant had
fabricated the allegations to protect her marriage. Chronicle
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