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Lesley Chikudo, [email protected]

A 28-year-old man from Emthunzini suburb in Bulawayo has been sentenced to 12 months in prison for indecently assaulting his mentally challenged juvenile cousin.

The man who cannot be named to protect the identity of the victim pleaded not guilty to the charges when he appeared before Western Commonage magistrate, Mrs Sibongile Marondedze.

He was however convicted due to overwhelming evidence.

Four months of the sentence were suspended on condition that he does not commit a similar offence within the next five years.

The remaining eight months were suspended on condition that he perform 280 hours of community service.

Mrs Marondeze in passing the sentence said the court took into consideration that the offender is related to the victim.

“As a relative, it was his duty to protect his cousin, instead he took advantage of the authority he had as a cousin. The sentence was crafted to deter both the offender and other potentials from engaging in indecent assault-related offences and as a reminder of the legal repercussions associated with assault offences, reinforcing the idea that such actions will not be tolerated in the community,” said Mrs Marondedze.

Presenting the case for the State, prosecutor Ms Melisa Dube said the sexual offence happened when the accused arrived home from work around 10am.

He found his neighbour and the victim sitting in the kitchen. The neighbour was preparing food for the victim.

“The accused found his neighbour and the victim in the kitchen and proceeded to his bedroom where he slept on top of the bed with his shirt off,” said Ms Dube.

She said the neighbour decided to leave to check on her house only to return to find the man sleeping on the bed with the victim in an inappropriate position.

“She remarked in IsiNdebele: ‘Ulele njani lomtwana, pho ayisikho ukuthi ubuganga lomntwana?’ (What are you doing sleeping with the child like that, where you not being mischievous with the child?”

In his defence, the man claimed that he did not commit the crime, saying that the victim was the one who came to his bedroom and the two did not engage in sexual activity.

“When the neighbour left the house, the complaint came to my bedroom where I was half asleep and slept on the other side of the bed. After our neighbour returned, she started calling the complainant whom she saw sleeping on my bed.”

“The neighbour left the room and within a few minutes came back with some group of people accusing me of rape and that led to my arrest,” he said.