Zimbabwe: State Fails to Prove Rape After Man Found Asleep By a 13-Year-Old Victim

Jambezi — A man here was caught by a victim’s brothers napping next to the minor girl after ‘raping’ her in a bush in their village.

Doubt Ncube, 36, from Jambezi under Chief Shana was lucky to escape jail after charges of rape were altered to a lesser charge of committing indecent acts to a minor.

He will have his gods to thank after Hwange regional magistrate, Collette Ncube, slapped him with 40 months in jail, 10 of which were suspended on conditions.

Ncube initially appeared charged with rape but the offence was later altered due to lack of evidence that he actually had sexual intercourse with the 13 year old girl.

He pleaded not guilty to rape and the state altered charges to committing indecent acts on a minor.

He will serve 30 months in jail.

The state’s case was that Ncube met the girl who was on her way to a nearby borehole to fetch water from her parents’ homestead on May 18 this year.

Ncube asked to have sexual intercourse with the girl who refused before he pulled her into a nearby bush whereupon he ‘raped’ her, the court was told.

“The complainant was walking from home going to the borehole on May 18 when she met Ncube who was going the opposite direction. Ncube greeted the complainant and requested to have sexual intercourse with her to which she refused,” said prosecutor Tomupeyi Mbiza.

The prosecutors alleged that Ncube promised to give her a dollar but she turned down the offer.

“He then threatened to kill her if she told her friends about the issue. At that moment, Ncube ordered the girl to leave her bucket behind as he force marched her into the bush. While in the bush, he forcibly removed her skirt and also dropped his pair of trousers to knee level,” said the prosecutor.

Ncube lifted the girl and lay her on the ground facing upwards whereupon he had sex with her once.

After the sexual intercourse, it was claimed, Ncube lay beside the girl and the two were found still lying there by the juvenile’s brothers who had been sent to look for her.

The court heard that the girl’s brothers apprehended Ncube and a report was made to the police.

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