The Herald, Harare, 6 March 2011

Boy (16) to be caned

Court Reporter

A 16-year-old Harare boy who raped a neighbour'sseven-year-old daughter will get five strokes with a light rattancane in lieu of having his jail term suspended.

The juvenile pleaded guilty to rape when he appeared beforeHarare magistrate Mr Rogers Kachambwa.

He was sentenced to three years in prison, but this was whollysuspended for five years on condition he does not commit anoffence of a sexual nature within that time.

Mr Kachambwa added that the 16-year-old will receive fivestrokes under the supervision of a designated medicalpractitioner. The magistrate said, "He has to be deterred atall costs from engaging in sexual offences and he should learn torespect the bodily integrity of women.

"He is saved by his youthful age and him being a firstoffender who pleaded guilty hence saving the court's time.

Prosecutor, Ms Fadzai Kuipa alleged that on September 24 lastyear the seven-year-old's parents went to a funeral and left heralone. At around 7pm, the complainant went to the toilet and theboy followed. He dragged the minor to the fence and she cried forhelp but he muffled her screams and raped her. The motherdiscovered blood stains on the girl's clothing and the minornarrated her ordeal.

A police report was made leading to the boy's arrest.

The Herald, Harare, 15 March 2011

Boy (9) rapes five schoolgirls

By Muchaneta Chimuka

IN a case that a Chitungwiza magistrate has described as"unique", a nine-year-old boy from Chitsvatsva Villagein Seke has been convicted of five counts of rape.

Magistrate Themba Kuwanda sentenced the boy - who cannot benamed since he is underage - to a wholly-suspended three-yearjail term for raping the girls, who were aged between six andeight years.

He will also receive two strokes of the cane for the first twocounts of rape.

"This case is very unique in the sense that when theaccused first sexually abused the girl, he was between seven andeight-years-old.

"I'm saying so because his age was estimated to bebetween eight and nine in April last year by Dr Dube," saidMr Kuwanda in his judgment.

A child who was seven or above, but below the age of 14 at thetime of the conduct constituting any crime which he or she isalleged to have committed was dealt with differently from anadult.

Where negligence was an element in the alleged crime, a childof that age could not be expected to act in the same manner thatwould reasonably be expected of an adult.

He ruled: "The accused, in spite of his youthful age,abused the four young girls between 2009 and 2010.

"The other complainant was found to be HIV positivewhilst the accused is HIV negative.

"It would mean this girl got the infection elsewhere(and) not from the accused."

Prosecutor Mr Zivanai Makwanya proved that on March 17, 2010the first girl (7) was on her way to school when the boy trippedher to the ground and raped her.

On the second count, the accused covered the same girl with ablanket while they were outside and then raped her again.

On March 19 the same year, the girl's mother reported thematter to the police.

The third count relates to a rape that occurred on March 26when the boy attacked an eight-year-old girl.

The matter came to light at her school and a police report wasmade.

On the fourth and fifth counts, he raped two girls - one ofthem in Grade One.

Again, school authorities made a report at Dema PoliceStation.

The boy's grandfather and school head told the court that theyhad chastised him before taking him to the police.