A 24‑year‑old Bulawayo man who had been charged with rape walked free after a 14-year-old girl admitted she had lied about her age and consented to the sexual encounter.
Siphosenkosi Sibanda, of Herbert Chitepo Street in the city centre, appeared before Bulawayo Regional Magistrate Mark Dzira, facing allegations of having sexual intercourse with a minor.
Under Zimbabwean law, anyone under the age of 18 cannot legally consent to sex.
Prosecutor Jethro Mada told the court that on 6 October, at around 5 PM, the girl ran away from home and went into the Bulawayo CBD.
During proceedings, however, the complainant confessed she had misrepresented her age and had willingly engaged in the encounter. This admission led to Sibanda’s acquittal. Said Mada:
“She met the accused person at night, and he offered her a place to spend the night.”
During the night, the court heard, the two had unprotected sexual intercourse on one occasion.
The case took a dramatic turn, however, when the complainant took the witness stand and admitted she had misled Sibanda.
She told the court that she had claimed to be 18 and denied having been forced. She said:
“I wronged my parents for what I did, and I’m apologising to them. I told my father what happened to me, ending up having sexual intercourse, but I had no opportunity to tell him that I agreed to the act because he was very angry”.
Her testimony convinced the court that Sibanda believed he was with an adult and did not know she was 14. He was therefore found not guilty and acquitted.
Before releasing him, Magistrate Dzira reminded the girl that she is still a child and urged her to focus on her education.
More: B-Metro
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