Friday 9 August 2024

RAPIST FREED : MENTALLY ILL ALSO ENJOY SEX

A man convicted of raping a mentally ill woman has been released by the High Court as judges say mentally-ill people also enjoy sex in their own right.

Newsday reports that High Court judges Justices Nyaradzo Priscilla Munangati-Manongwa and Siyabona Musithu said while the law sought to protect the mentally ill, great caution should be exercised not to dismiss their sexuality without adequate medical evidence.

Mtindi Zidyengi had been convicted by a lower court for raping a 33-year-old mentally-ill woman. Zidyengi (39), who was unrepresented, pleaded guilty to the charge of rape. The matter was, however, referred to the High Court for review in terms of section 57 of the Magistrates Court Act.

“The notion that persons with mental conditions cannot enjoy sex in their own right needs to be dispelled where there is no evidence that they are mentally incompetent to consent and appreciate the nature of the act,” said the judges.

Justice Munangati-Manongwa said the alleged victim was a good example of how a certain degree of protectionism can suffocate and impede the enjoyment of life by the mentally ill.

The court heard that on one instance, the woman’s mother saw them having sexual intercourse, but did not report the matter. The mother reportedly witnessed another sexual encounter and got concerned, but did nothing.

The court heard that the woman started refusing her medication, indicating that she was pregnant and did not want to endanger the child. She reportedly reported her mother to the police for forcing her to take medication.

The mother was summoned and she revealed the sexual encounters, leading to Zidyengi’s arrest and conviction. The lower court ruled that Zidyengi took advantage of the woman.

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