Fleeing anti-migrant attacks in South Africa, rapist walks into 20-year jail term

Date:

Midlands Correspondent

A 34-year-old man who spent 15 years in South Africa after fleeing Zimbabwe following the rape of his nine-year-old relative has been sentenced to 20 years in prison after the law finally caught up with him on his return home.

The man, whose name is being withheld to protect the complainant, fled South Africa following a wave of anti-migrant attacks. He was subsequently arrested upon his arrival in Gweru.

He was convicted of four counts of rape following a full trial at the Gweru Regional Court. He had pleaded not guilty to all the charges.

Gweru Regional Magistrate Christopher Maturure sentenced him to 10 years’ imprisonment on each count, with two of the sentences running concurrently, resulting in an effective 20-year jail term.

The dramatic turn of events came after the accused, returned to Zimbabwe during a period of xenophobic attacks in that country.

His return brought him back within the reach of Zimbabwean law and ultimately led to his arrest, ending a delay of about 15 years in the case.

The court heard that the offences were committed between June and August 2011 at a house in Gweru.

The accused was 19 at the time, while the complainant was nine.

As a relative of the child, the accused was able to gain access to her, with the court hearing that he took advantage of occasions when the girl’s grandmother was away in South Africa on cross-border business.

The case remained unresolved after the accused left Zimbabwe for South Africa following the offences.

Years later, his decision to return to Zimbabwe brought the long-running case back into the hands of the authorities.

In passing sentence, Magistrate Maturure considered the complainant’s tender age and vulnerability, the substantial age difference between her and the accused, as well as the breach of family trust.

Prosecutor Eggrina Matutu called for a lengthy custodial sentence, pointing to the complainant’s age, vulnerability and the fact that she was legally incapable of consenting to sexual intercourse.

The magistrate found that the State had proved the accused’s guilt beyond reasonable doubt.

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