A 35-YEAR-OLD HIV positive landlord who raped his tenant’s nine-year-old niece twice as payment of money owed to him by the victim’s aunt has been sentenced to 18 years in prisonAndrew Stone of house number 44 Mutsi Street Zengeza 1, Chitungwiza, pleaded guilty to two counts of rape when he appeared before Chitungwiza magistrate Ms Estere Chivasa.
Ms Chivasa, however, suspended two years on condition that the accused does not commit a similar offence in the next five years.
In his submissions before the sentence, public prosecutor Mr Loveti Muringwa said the accused committed the offence in aggravating circumstances since he used an axe and a knife to threaten the complainant.
In passing the sentence, Ms Chivasa said the effect of the rape will always haunt the victim. “You have been found guilty for committing sexual violence on the young girl and you have affected her future after tearing her virginity.
“Considering the age difference that you have with the victim the courts will not rule in your favour and that you took advantage by exposing her to sex mercilessly at a tender age. “Tears will heal but the tear will remain forever. For her, life will never be the same and you took advantage that.”
Ms Chivasa encouraged the girl’s guardians to take her for an HIV re-test.
It is the state’s case that on unknown date in November last year, the complainant was sitting in her room alone when the accused entered and dragged her into his room.
Stone tied the girl’s legs apart with a rope on the bed while she was facing upwards before raping her once.
He later untied the girl before threatening to axe her if she told anyone.
On the second count, on 4 December 2016 in the afternoon, the complainant was alone at the house whilst her aunt and other family members had gone for a graduation ceremony.
The accused used the same modus operandi. The offence only came to light on 16 December after the victim’s aunt came across her torn undergarment and skirt whilst doing laundry.-ZP
