News / National
Family seeks to withdraw charges against rapist grandfather
06 Dec 2013 at 04:11hrs | Views
A Mutare eight-year-old rape victim is being denied justice, with her parents battling to block the prosecution of the perpetrator as a way of preserving family relations. The girl was allegedly raped by her paternal grandfather (52), but the case is dragging with the parents filing withdrawal affidavits on behalf of the minor.
Since August, the matter (CR 45/08/13) at Mutare Rural Police Station, has not yet been set down for trial at Mutare Magistrates' Court. The case that occurred under Chief Zimunya has been dragging, with the girl's parents more interested in preserving their relations instead of protecting her interests.
The girl's father deposed an affidavit that sought to have the case withdrawn citing the relationship existing between the parties.
"My father was arrested on August 19 2013 by ZRP St Webergh's Base for raping my daughter (name withheld)," he said. "I now wish to withdraw the charges against the accused because of the following reasons:
1 We sat down as a family and resolved that this case be solved at family level.
2 The accused begged for forgiveness and the whole family accepted his apology.
3 We also resolved that we should maintain our good relationship with the accused person.
4 The accused is now old and has a family to look after and if sent to prison, his health and family will suffer.
5 As I am the eldest son to the accused, I have wilfully withdrawn this case without any due force or influence from anyone."
The girl's mother also deposed a related affidavit seeking the withdrawal of the case. The Victim Friendly Court is now seized with the matter and child rights activists are fuming over the development.
Justice for Children's Trust programmes director and lawyer Mr Caleb Mutandwa said the attempt by the parents to have the matter withdrawn was a violation of the child's right to protection.
He said the parents or anyone who tried to influence the child or the justice system to withdraw the charges was guilty of obstruction of justice.
"That is a clear violation of the child's right to protection of the law," he said "Our Constitution protects the children from any form of abuse and we must take that seriously. Whoever tries to cover up or influence the child to drop the charges is also committing an offence of obstructing the course of justice and that person should be charged."
Harare lawyer and retired regional magistrate Mr Peter Kumbawa said such behaviour by parents and guardians were contributing to the large numbers of unreported cases of sexual assault in the country.
Since August, the matter (CR 45/08/13) at Mutare Rural Police Station, has not yet been set down for trial at Mutare Magistrates' Court. The case that occurred under Chief Zimunya has been dragging, with the girl's parents more interested in preserving their relations instead of protecting her interests.
The girl's father deposed an affidavit that sought to have the case withdrawn citing the relationship existing between the parties.
"My father was arrested on August 19 2013 by ZRP St Webergh's Base for raping my daughter (name withheld)," he said. "I now wish to withdraw the charges against the accused because of the following reasons:
1 We sat down as a family and resolved that this case be solved at family level.
2 The accused begged for forgiveness and the whole family accepted his apology.
3 We also resolved that we should maintain our good relationship with the accused person.
4 The accused is now old and has a family to look after and if sent to prison, his health and family will suffer.
5 As I am the eldest son to the accused, I have wilfully withdrawn this case without any due force or influence from anyone."
The girl's mother also deposed a related affidavit seeking the withdrawal of the case. The Victim Friendly Court is now seized with the matter and child rights activists are fuming over the development.
Justice for Children's Trust programmes director and lawyer Mr Caleb Mutandwa said the attempt by the parents to have the matter withdrawn was a violation of the child's right to protection.
He said the parents or anyone who tried to influence the child or the justice system to withdraw the charges was guilty of obstruction of justice.
"That is a clear violation of the child's right to protection of the law," he said "Our Constitution protects the children from any form of abuse and we must take that seriously. Whoever tries to cover up or influence the child to drop the charges is also committing an offence of obstructing the course of justice and that person should be charged."
Harare lawyer and retired regional magistrate Mr Peter Kumbawa said such behaviour by parents and guardians were contributing to the large numbers of unreported cases of sexual assault in the country.
Source - herald
