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Judicial CP - March 2011

Corpun file 23239

The Herald, Harare, 6 March 2011

Boy (16) to be caned

Court Reporter

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A 16-year-old Harare boy who raped a neighbour's seven-year-old daughter will get five strokes with a light rattan cane in lieu of having his jail term suspended.

The juvenile pleaded guilty to rape when he appeared before Harare magistrate Mr Rogers Kachambwa.

He was sentenced to three years in prison, but this was wholly suspended for five years on condition he does not commit an offence of a sexual nature within that time.

Mr Kachambwa added that the 16-year-old will receive five strokes under the supervision of a designated medical practitioner. The magistrate said, "He has to be deterred at all costs from engaging in sexual offences and he should learn to respect the bodily integrity of women.

"He is saved by his youthful age and him being a first offender who pleaded guilty hence saving the court's time.

Prosecutor, Ms Fadzai Kuipa alleged that on September 24 last year the seven-year-old's parents went to a funeral and left her alone. At around 7pm, the complainant went to the toilet and the boy followed. He dragged the minor to the fence and she cried for help but he muffled her screams and raped her. The mother discovered blood stains on the girl's clothing and the minor narrated her ordeal.

A police report was made leading to the boy's arrest.

Corpun file 23200

The Herald, Harare, 15 March 2011

Boy (9) rapes five schoolgirls

By Muchaneta Chimuka

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IN a case that a Chitungwiza magistrate has described as "unique", a nine-year-old boy from Chitsvatsva Village in Seke has been convicted of five counts of rape.

Magistrate Themba Kuwanda sentenced the boy - who cannot be named since he is underage - to a wholly-suspended three-year jail term for raping the girls, who were aged between six and eight years.

He will also receive two strokes of the cane for the first two counts of rape.

"This case is very unique in the sense that when the accused first sexually abused the girl, he was between seven and eight-years-old.

"I'm saying so because his age was estimated to be between eight and nine in April last year by Dr Dube," said Mr Kuwanda in his judgment.

A child who was seven or above, but below the age of 14 at the time of the conduct constituting any crime which he or she is alleged to have committed was dealt with differently from an adult.

Where negligence was an element in the alleged crime, a child of that age could not be expected to act in the same manner that would reasonably be expected of an adult.

He ruled: "The accused, in spite of his youthful age, abused the four young girls between 2009 and 2010.

"The other complainant was found to be HIV positive whilst the accused is HIV negative.

"It would mean this girl got the infection elsewhere (and) not from the accused."

Prosecutor Mr Zivanai Makwanya proved that on March 17, 2010 the first girl (7) was on her way to school when the boy tripped her to the ground and raped her.

On the second count, the accused covered the same girl with a blanket while they were outside and then raped her again.

On March 19 the same year, the girl's mother reported the matter to the police.

The third count relates to a rape that occurred on March 26 when the boy attacked an eight-year-old girl.

The matter came to light at her school and a police report was made.

On the fourth and fifth counts, he raped two girls - one of them in Grade One.

Again, school authorities made a report at Dema Police Station.

The boy's grandfather and school head told the court that they had chastised him before taking him to the police.

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