A 35-year-old Jambezi village head’s wife in Hwange District has been jailed for 15 years for ‘raping’ her mentally challenged neighbour.
Sitheni Masina of Hail Ndlovu’s homestead BH126 in Victoria
Falls was convicted of two counts of aggravated indecent assault perpetrated on
his 28-year-old mentally challenged neighbour (name withheld) following a full
trial in which she was denying the allegations.
However, Hwange Regional magistrate, Mr Mark Dzira slapped
the traditional leader with a 15-year prison term.
During the lengthy trial prosecution led by Mrs Charline
Gorerino, the accused fought tooth and nail after they tendered the psychiatric
report on the onset as the defence applied to have the complainant removed from
testifying on the basis of his mental disability.
However, the state managed to convince the court, arguing
that for any sexual matters the evidence of the complainant was crucial.
In her submission opposing the defence’s application, Gorerino argued that it was incumbent for the court bearing its discretion to make a ruling upon hearing the complainant whether their narration makes sense or not. Chronicle
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