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Mashudu Netsianda, Senior Court Reporter
THE High Court has slashed a 40-year jail term for an HIV positive Gokwe man who raped his 11-year-old niece and infected her with a sexually transmitted disease.

The 31-year-old man, who cannot be named to protect the identity of the victim, raped his brother’s daughter on four different occasions in July 2015.

The girl tested HIV negative but was infected with an STI which was not disclosed.

He pleaded not guilty to four counts of rape but was convicted by Gokwe regional magistrate Mr Amos Mbobo last year. He was sentenced to 40 years in jail.

The man is however, serving an effective 38 years imprisonment after two years were suspended for five years on condition that he does not within that period commit a similar offence.

The man, who is a self-actor, filed an application at the Bulawayo High Court challenging the sentence.

Justice Martin Makonese, who was sitting with Justice Maxwell Takuva during the criminal appeals court, confirmed the man’s conviction. He upheld the appeal on sentence and substituted it with an effective 20 years.

“I observe that on the facts of this matter, appellant raped his elder brother’s daughter on four separate occasions. He is HIV positive and exposed the young girl to the risk of contracting HIV and Aids. A lengthy prison term is called for, but however, the sentence must be fair and just.

“The convictions in respect of the four counts are hereby confirmed. The sentence of the court a quo is set aside and substituted with 20 years imprisonment,” ruled the judge.

Justice Makonese said the prison term that was imposed by the lower court was too harsh and inappropriate.

“The sentence must not be harsh and excessive but must send the correct signal that sexual abuse, especially where the man is in loco parentis in relation to the complainant, is unacceptable. In this matter a sentence of 40 years is inappropriate and manifestly harsh,” said the judge.

The man, in his grounds of appeal, argued that the sentence was excessive and harsh.

The court heard that in July 2015, the accused was on different occasions left in the custody of his brother’s 11-year-old daughter and her twin brothers aged seven years by their mother.

On all four counts, the accused person would go into the victim’s hut and sneak into her blankets and rape her.

The girl started having difficulties in walking as she had sores on her private parts.

A relative asked her what the problem was and she revealed that she had been raped by her uncle. A report was made to the police leading to the man’s arrest.

@mashnets