News / Local
Man jailed 10 years for affair with mentally challenged woman
14 Jan 2012 at 06:58hrs | Views
AN Inyathi man will live to rue the day he fell in love with an epileptic and mentally challenged woman after the father of the woman allegedly influenced her to open a case of rape against him.
Although Jabulani Moyo (30), of Village One, Swathi area, Inyathi in Bubi district proved before the court that he was in love with the woman and had promised to marry her, the court found him guilty on the basis of the woman's mental condition that legally she could not have consented.
Moyo, who was employed as a domestic worker at a farm in the area had pleaded not guilty to the offence.
Bulawayo regional magistrate Mrs Judith Zuyu who presided over the matter said although it was clear that the two loved each other and the woman believed Moyo would marry her, there were aggravating circumstances in that he took advantage of her condition.
Mrs Zuyu said the medical report showed that the penetration was painful for the woman which shows that she was "a guest in the sexual encounter".
The magistrate said there was a need for a minimal sentence of about 10 years.
Mrs Zuyu said the court was convinced the woman had a mental problem because of the way she conducted herself in court where she would giggle or laugh without any apparent reason.
Moyo told the court he did not know the woman was "sick".
He was initially sentenced to 10 years in prison of which six years were suspended for five years on condition he does not within that period commit a similar offence.
The State led by Mr Jabulani Ndlovu invited the woman and her father as witnesses, and her father told the court the woman had turned down the proposal.
Moyo told the court the woman was actually surprised when he was arrested because he had promised to marry her.
He asked the woman during cross-examination whether she would marry him after the case and she said she would do if her parents agreed to it.
Moyo said he believed "his lover" had been influenced to turn against him.
The State's case was that on 9 October last year, the woman was alone at home when Moyo arrived and asked her to accompany him to his place of residence.
She agreed. They spent the night there and had sex several times for the whole night.
Moyo gave the woman $30 in the morning before releasing her.
When she got home, her father who was now angry, led her to the police station to make a report of rape leading to the arrest of Moyo.
Although Jabulani Moyo (30), of Village One, Swathi area, Inyathi in Bubi district proved before the court that he was in love with the woman and had promised to marry her, the court found him guilty on the basis of the woman's mental condition that legally she could not have consented.
Moyo, who was employed as a domestic worker at a farm in the area had pleaded not guilty to the offence.
Bulawayo regional magistrate Mrs Judith Zuyu who presided over the matter said although it was clear that the two loved each other and the woman believed Moyo would marry her, there were aggravating circumstances in that he took advantage of her condition.
Mrs Zuyu said the medical report showed that the penetration was painful for the woman which shows that she was "a guest in the sexual encounter".
The magistrate said there was a need for a minimal sentence of about 10 years.
Mrs Zuyu said the court was convinced the woman had a mental problem because of the way she conducted herself in court where she would giggle or laugh without any apparent reason.
Moyo told the court he did not know the woman was "sick".
He was initially sentenced to 10 years in prison of which six years were suspended for five years on condition he does not within that period commit a similar offence.
The State led by Mr Jabulani Ndlovu invited the woman and her father as witnesses, and her father told the court the woman had turned down the proposal.
Moyo told the court the woman was actually surprised when he was arrested because he had promised to marry her.
He asked the woman during cross-examination whether she would marry him after the case and she said she would do if her parents agreed to it.
Moyo said he believed "his lover" had been influenced to turn against him.
The State's case was that on 9 October last year, the woman was alone at home when Moyo arrived and asked her to accompany him to his place of residence.
She agreed. They spent the night there and had sex several times for the whole night.
Moyo gave the woman $30 in the morning before releasing her.
When she got home, her father who was now angry, led her to the police station to make a report of rape leading to the arrest of Moyo.
Source - Court
