A 26-year-old lula lula-starved man from Tsholotsho has been sentenced to 15 years in prison for attempting to rape his own sister.
The accused, who cannot be named to protect the identity of the victim, was convicted of attempted rape by Bulawayo Regional magistrate Ms Sibonginkosi Mnkandla.
The court heard how the man, on the evening of July 29, returned home from a borehole carrying a bottle of alcohol. He went straight to the kitchen where his 14-year-old sister was preparing supper and forced her to drink the alcohol.
The prosecutor, Ms Nomthandazo Mafu, told the court that the victim became intoxicated after consuming the alcohol. After dinner, the offender left the house, but returned around midnight and carried his sister to his bedroom.
One of the victim’s siblings, who was asked by the offender to fetch blankets from the kitchen, witnessed the disturbing scene. The sibling told the court that she found the offender on top of his sister, both naked.
When she questioned him about what he was doing, the offender remained silent and simply covered himself with a blanket. The victim, who was fast asleep due to the alcohol, was unaware of the incident until the following morning when she was informed by her sibling.
The offender, upon being confronted about the incident, fled the scene but was apprehended by villagers. He claimed the rape allegation was fabricated due to family grievances.
In passing sentence, Ms Mnkandla took into consideration the offender’s lack of remorse. She noted that he pleaded not guilty to the charges and wasted the court’s time. She also considered the testimony of three state witnesses who corroborated the victim’s account.
“What’s more surprising is that he fled the scene after he was confronted about it the following morning and was apprehended by villagers. The offender had claimed the rape was fabricated because of family grievances, the offender is accordingly found guilty of attempted rape, sentence of rape is applicable in this case,” Ms Mnkandla said.
The magistrate emphasized that the offender was found guilty of attempted rape as penetration did not occur. She stated that the sentence for rape would have been applicable in this case.
