High Court upholds HIV+ rapist's sentence

THE Bulawayo High Court has dismissed an appeal against conviction and a 20 year jail term by an HIV positive rapist who turned his 15 year-old sister-in-law into a sex slave for four years.

Former Gwanda regional magistrate Owen Tagu convicted Nephat Sibanda, 54, of rape in 2011 and sentenced him to an effective 20 years in jail.

In the court papers, Sibanda who was a self actor is the appellant while the state was cited as the respondent.

Justice Francis Bere who was sitting with Justice Maxwell Takuva during a criminal appeals court yesterday dismissed Sibanda's appeal.

The judge said Sibanda's conduct was deplorable.

"Those who commit heinous crimes particularly in circumstances under which the perpetrator is supposed to protect the victim deserve harsh sentences. In this case, the victim was an orphan and

Sibanda was supposed to offer her protection but he chose to turn her into a victim," said the judge.

Justice Bere said interfering with the sentence passed by the trial magistrate would be a travesty of justice.

"It'll be a travesty of justice if we interfere with the sentence by the court a quo. We're satisfied that both conviction and sentence were proper and accordingly the appeal is dismissed," ruled Justice Bere.

Sibanda, in his grounds of appeal, argued that the evidence by state witnesses was fraught with lies and inconsistencies. He said his conviction was founded on tainted and inadmissible evidence.

Sibanda accused his sister-in-law of having misled police in their investigations. He also disputed the evidence in the medical report which showed that he had raped the victim.

"The evidence on the medical report is fake and misleading. I'm actually living with HIV and am on antiretroviral therapy but the complainant tested HIV negative and so how true is her story?" he queried.

Whisper Mabaudhi, for the state, said the court a quo did not err in assessing the appropriate sentence and urged the court to dismiss the appeal.

"The appellant sexually abused the victim over a long period of time. He owed the victim the duty to protect her as a fatherly figure in her life.

"Although the appellant was diagnosed of HIV, the sentence that he was given fits the crime. Wherefore it's humbly submitted that the appeal against sentence be dismissed for lack of merit," said Mabaudhi.

The court heard that sometime in 2007, the complainant moved in to stay with Sibanda following the death of her mother. Sibanda, his wife and the victim shared the same room.

The court was told that between 2007 and 2011 Sibanda would rape the girl in the absence of his wife.

He would then threaten to kill the complainant if she reported the matter to her sister.

The matter only came to light in October 2011 after the girl's teacher noticed that her academic performance had dipped.

The teacher became suspicious and quizzed the victim resulting in her opening up on the sexual abuse.

The matter was reported to the police leading to Sibanda's arrest.