Teen wins $2 000 lawsuit for lost virginity

bail gavel

Thandeka Moyo, Chronicle Reporter
A TEENAGER from Bulawayo who sued her married ex-lover for deflowering her before ditching her after having previously promised to marry her has been awarded $2000 in damages.

Nataly Madziwa (19) sued Joel Moyo (32) accusing him of seducing her into having sex after promising to marry her during their relationship while she was an Upper Six pupil at Pumula High School in 2015.

In her lawsuit, she demanded $8 000 in seduction damages, saying her chances of getting married were diminished after she lost her virginity.

Madziwa said she only discovered that Moyo was married when she fell pregnant.

In his ruling, Bulawayo magistrate Mr Sheunesu Matova ordered Moyo to pay $2 000 for the lost virginity.

Madziwa’s lawyer Mr Bruce Masamvu told The Chronicle that the ruling was delivered on Tuesday.

“Magistrate Matova delivered his ruling yesterday and ordered Moyo to pay my client $2 000 for lost virginity. He did agree to most of our closing submissions and we’re expecting Moyo to pay us as soon as possible. So far he hasn’t communicated anything,” said Mr Masamvu.

“We’re simply going to issue him with a warrant of execution, a form of writ of execution used as a method of enforcing judgments.”

The lawyer emphasised that according to the law, a plaintiff who has been seduced may recover compensation for the loss of her virginity and consequent impairment of her marriage prospects.

Madziwa and Moyo fell in love in 2015 and the teenager said she was showered with gifts and money before the sexual act.

She said she felt embarrassed and humiliated after Moyo allegedly broke her virginity and impregnated her before breaching the promise to marry her.

“Sometime in 2015 while I was doing Upper Six at Pumula High School, the defendant (Moyo) proposed love to me and I accepted. On April 19, 2015, Moyo came to my home and picked me up. He then persuaded me to have sex with him,” said Madziwa.

She said Moyo broke her virginity after he allegedly lied that he was a bachelor.

“I was never married before and after deflowering and impregnating me, Moyo has taken away my pride as a woman and left me embarrassed and humiliated before my parents, peers and the community,” said Madziwa.

She said her ex-lover has through his actions reduced her prospects of having a “normal” future marriage.

“I lost my virginity and also my chances of ever getting married have diminished because I am no longer a virgin and again I have a child with the defendant,” Madziwa said.

She said despite breaching the agreement, Moyo has not shown any remorse for his actions.

Moyo, in his defence, said Madziwa was not a virgin when they engaged in sex. He also queried the paternity of the child and questioned the rationale behind Madziwa’s delay to inform him of the pregnancy.

“I really doubt the paternity of the child because Madziwa took eight months to inform me of her pregnancy. I was never married but I was actually staying with another woman with whom I have a six-year–old child,” he said.

@thamamoe

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  • bobe!

    Respect women wena nkusumba yendoda edla ngamabala okwengwe. Lani bafazi, valan imilenze leyo livikele amagwayi enu ngoba amadoda ayawafuna aze aliqambele amanga.

  • DONALD TRUMP Jnr

    Zvaiwana ngwarati

  • wellington

    wadla sibiya

  • Danny

    Serves him right. She must also take him for child support. We don’t want men like that in the community. UForm 6 shuwa. You’ve killed her future.

    • QrsQ

      but she wasn’t forced to engage in sex with the guy and now that the truth has come out,,,she entirely blames the guy for everything,,,if ma kade efuna ibrighter future she cld hve quitted dating or abstained,,,kodwa kungasenani asechithekile awasabutheki,,,kubuhlungu but well she will soon get over this,,,and there is plenty of time to create a woman she wanted to be…its quite an experience…

  • theza

    Yes that’s right he should pay for deflowering her

  • Mutsai

    he is a player, he claims he is not married but staying with a woman and a child. serves him right, apply for maintenance of his child as well girl

  • Nkunzemnyama

    What evidence does the court have that she was a virgin at the time sexual intercourse? Word of mouth? Otherwise she should take him to court for child maintenance,,,obviously after dna tests.

  • Legal Eagle

    I don’t agree with the Judgement because I think that it would be hard for the courts to be sure that the girl had no other relationships before this. It could however deter others from ruining the lives of young women. If there was proof, or witnesses that he did promise to marry her and then dumped her, a breach of contract suit could be instituted. Either way she would still deserve the money if he has not been paying support which in my opinion should have been the way to go on the claim. Obviously she can claim for that still. The only problem is that if he pays for a DNA test and it proves he is not the father of the child then this young lady might find her self in a bigger mess. The only thing that makes me have sympathy here is the age difference. Other than that it would be a case of two consenting adult because she was 18 or nearing 18 and above the legal age of consent.

    • gogo

      such sentences are okay because they will help control Casanovas from preying on young girls, it is so painful when one promises you marriage then dumps you, he needs to pay for breaching contract

      • Dr Fayke Phd

        The problem is and has always been that our Politicians decided that 16 was the legal age of consent. At 16 in my opinion one is still a kid.

        • Mpo

          What do you expect with a cabinet and parliament awash with Perverts.

  • Qotho

    Uthanda izinto. Laye engakhomba umgwanga wendoda yena eku Form 6. Yekela bakumithise.

    • Nsukwini

      I am also reading this story and wondering what part the parents played in this.If this child was being showered with gifts did they not see or were they okay with it? It is the norm (although we make like we don’t know it) with school going children to have boyfriends in their school and most just go as far as keeping company with each other. An over 30 man is having a relation ship with your school going child? No. What action did the so called relatives that she is feeling embarrassed to take?

      • MakhosiXamu

        You are just an old dated culturalist with no brains, mgaxa.

  • Uncle

    No evidence that she was virgin, juss a money-monger trying to make a killing thru her sadistic lawyers

    • MakhosiXamu

      Uyagula ndoda. you need a Doctor lema.

  • Legal Eagle

    I agree with you on that.She could challenge him to pay for the DNA test and if he refused she could offer to pay herself and get a refund. If he refused to supply his DNA case closed. Parents should warn their children not to except gifts from men that are trying to make relationships. The saying “beware of Greeks bearing Gifts” comes to mind.