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Man jailed for raping, infecting niece with HIV

by Senior Court Reporter
23 May 2014 at 12:32hrs | Views
A MARANGE man who was in the habit of raping his 15-year-old niece since 2011 and eventually infected her with HIV has been sentenced to 20 years behind bars after he was on Tuesday convicted of committing the offence.

Regional magistrate Mr Livingstone Chipadza slapped Thomas Jamaya (44) of Nyika Village under Chief Marange with the lengthy jail term for raping his Form Two niece on numerous occasions.

However, two years of the sentence were set aside on condition that he did not commit a similar offence in the next five years.

Jamaya denied ever raping his niece, saying she was mischievous and in the habit of sleeping around with so many people and it was not him who infected her with the virus that cause Aids.

Mr Chipadza convicted him after the State led overwhelming evidence against him.

Allegations are that on an unknown date, the complainant was with accused in his bedroom. The girl was sitting on the floor while the accused sat on his bed and other children were preparing food in the kitchen hut. The accused allegedly took advantage of the absence of the other children, lifted the complainant onto the bed and raped her once. He threatened the teenager not to disclose the rape to anyone, saying he would chase her away from home.

From then onwards, he raped the girl on numerous occasions and the teenager told the court that she lost count of how many times she was abused since 2011.

However, on December 3, 2013 the girl's brother - Garikai - got wind of the information that the accused was in abusing his sister.

Garikai asked the complainant, but she denied the allegations and he later confronted the accused ,who also denied ever sleeping with the girl. Garikai then forcibly took the girl to Marange Hospital for HIV tests since he knew that the accused was an HIV patient.

At the hospital, the girl tested positive.

Garikai subsequently called her sister who stays in Mutare and informed her about the allegations. The sister went to Marange and took the girl with her to Mutare. She interrogated the complainant at length until she finally disclosed that she had been continually raped by the accused since 2011.

A police report was made, which led to the arrest of the accused. The girl was taken to Mutare Provincial Hospital where it was confirmed that she was sexually active and had contracted HIV.

Mr Malvin Musarurwa prosecuted.

Source - manicapost
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