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Mashudu Netsianda Senior Court Reporter
A MAN from Nkayi who raped his 18 year-old ex-lover before he fled with the woman’s panties, has been sentenced to 16 years in jail. Cosmas Moyo, 28, of Gwampa area was on Friday convicted of a rape charge by regional magistrate Abednico Diliza Ndebele. Moyo will, however, serve an effective 13 years after three years of the sentence were suspended for five years on condition that he does not within that period commit a similar crime.

Moyo impregnated the victim in 2011 and the two have a son together. He dumped her, but resurfaced in September last year and committed the crime. In his defence, Moyo said the charges were trumped-up. He claimed that his ex-girlfriend was only trying to fix him for impregnating and later abandoning her.

Ndebele, in his judgment disputed Moyo’s testimony, saying it was full of inconsistencies and lies. “The victim’s evidence was consistent and credible. It’s common cause that you were in love with the victim during which you impregnated her before you later disappeared and subsequently resurfaced last year in September and raped her,” said magistrate Ndebele.

“This court is convinced that you actually committed the crime and there is enough evidence from the medical report. In fact, what’s aggravating is that you followed the victim and raped her thinking that you had a right to do so just because you were once lovers.”

In passing sentence, the magistrate lamented the increase in the number of rape cases in the country.

“There is a serious outcry about rapists in our society who continue to force themselves on innocent women. It appears the offenders aren’t deterred despite the courts imposing harsh sentences on them,” he said.

Ndebele said the courts had a duty to send a clear message to offenders by passing long jail terms.

“There is likelihood that you could have infected the victim with STIs or impregnated her again. Rape is traumatic and even if rapists are on the prowl, the courts shouldn’t be seen losing the fight against the culprits. Accordingly a long prison term is the most appropriate punishment,” added the magistrate.

Prosecuting, Concilia Ncube, said on September 12 last year shortly after 6PM, the victim was pushing a wheelbarrow on her way to her aunt’s homestead when Moyo spotted her.

He followed her and when he caught up with the woman, he asked her to accompany him to his home and she refused.

The court heard that Moyo grabbed her and pushed her to the ground. He then raped her twice.

After committing the crime, Moyo fled from the scene. The victim proceeded to her aunt’s place where she narrated her ordeal. She suffered a swollen throat as a result of the scuffle. A report was made to the police and Moyo was arrested.