The accused,
Kwanele Bhebhe (24), was yesterday sentenced to an effective 18 years in prison
for attempted rape. Magistrate, Mrs Dambudzo Malunga imposed the lengthy
sentence, describing it as a necessary deterrent for would-be perpetrators.
Mrs Malunga
condemned Bhebhe’s actions as “dreadful and barbaric,” asserting that he
deserved a substantial prison term as he was “not fit to be part of society,”
given the brutal nature of his assault on the complainant.
“The accused
person acted like an animal, assaulting the complainant several times with a
knobkerrie all over the face and body, while threatening to kill her with the
weapon and a knife. He was determined to rape the complainant, and this is
evidenced in the manner in which he entered the house armed with weapons,” she
stated.
The court heard
that the attack left the complainant with physical scars and swelling, which
will undoubtedly inflict severe and lasting psychological trauma, haunting her
for the rest of her life.
“She is in
pain. She suffered severe injuries and has failed to attend school and even get
proper sleep as a result of the attack, which has scarred her mentally and
physically. Looking at the pictures of the attack, the offender deserves a long
sentence because he is a threat to society and young girls,” Mrs Malunga said.
Mrs Malunga
clarified that, according to legal statutes, an attempt to commit a crime is
treated with the same gravity as committing the full offence.
While handing
down the lengthy sentence, Mrs Malunga acknowledged that the court took into
consideration Bhebhe’s status as a first-time offender, as well as the fact
that he has a child in Early Childhood Development and is a breadwinner.
“Although his mitigation warrants the court to consider a lenient sentence, his actions speak otherwise. He also did not waste the court’s time and pleaded guilty to the charges.
“However, how he attacked her, speaks of a vicious animal that could have killed her. He dragged her out of her home, assaulted her repeatedly with a weapon and even scooped sand and threw it onto her face while she struggled with him,” said Mrs Malunga.
She advised
Bhebhe that he could apply to the High Court for a review of the sentence if he
felt it was unduly harsh.
Prosecuting the
case, Mr Owen Mugari recounted how Bhebhe gained entry into the complainant’s
bedroom in their home. He then viciously assaulted her with a knobkerrie,
striking her repeatedly on her face and body, while also threatening to kill
her as she struggled to defend herself.
The terrifying
incident unfolded on the night of June 19. At around 11PM, Bhebhe attempted to
rape the complainant, grabbing her by the neck and dragging her outside the
house.
“The
complainant resisted being further dragged and started struggling with the
accused, who tripped her down and used his hand to cover her mouth from
screaming. The accused person even scooped a handful of sand into the
complainant’s mouth to prevent her from screaming,” Mr Mugari detailed.
He informed the
court that the complainant pleaded with the accused to free her, but Bhebhe
insisted on having sexual intercourse, threatening to hit her with the
knobkerrie or even use his knife if she continued resisting.
“He reached for
the complainant’s underwear and tore it off. He tried to insert his knee
between the complainant’s legs, but the complainant scratched him on the face.
He then took out a knobkerrie, which he had brought, and hit the complainant on
the face and head.”
Mr Mugari told
the court that had it not been for the complainant’s younger sibling, who
courageously ran off to seek assistance from neighbours, Bhebhe would
undoubtedly have committed a far worse crime.
“He tried to
flee but was apprehended by neighbours, who subsequently reported him to the
police,” Mr Mugari concluded. Herald
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