News / National
Rapist appeal against a 25 year jail sentence
22 Jul 2011 at 06:17hrs | Views
A MUTAWATAWA herd man, who raped his employer's 11-year-old daughter on two separate occasions, was last week jailed 25 years effective by a Murehwa magistrate.
Osbert Chayamiti Muzhuzha (19), a herd man at the girl's homestead was initially sentenced to 15 years per count before the court set aside five years on condition of good behaviour.
The man, who was jailed after pleading guilty to both counts of rape, has engaged the services of a Harare lawyer, Mr Maxwell Mavhunga of Mavhunga and Sigauke on appeal.
Mr Mavhunga is now challenging sentence at the High Court.
The first incident occurred in April this year when Muzhuzha was left in the custody of the girl as other family members left for church.
In the absence of other family members, Muzhuzha followed the girl into the bedroom where she wanted to collect tea leaves.
He tripped the girl to the ground, undressed her and raped her once.
During the abuse, the girl attempted to scream but was silenced with death threats.
After the incident, the girl was warned against divulging the abuse to anyone.
The second incident occurred some days later when Muzhuzha followed the girl to the well where she had gone to fetch water.
He asked to be intimate with the girl and she refused, prompting the man to use force and rape her.
The girl later disclosed the abuse to her mother who reported the matter to the police leading to Muzhuzha's subsequent arrest.
According to Mr Mavhunga, the sentence imposed by the regional court was excessive and shocking considering the man pleaded guilty.
He intends to argue before the High Court that the magistrate did not seriously consider that the man was still youthful.
There was no inquiry to establish if the girl did not consent on the rape cases and that no weapon was used in the offences.
According to Mr Mavhunga, the court could have been lenient in sentencing his client.
Osbert Chayamiti Muzhuzha (19), a herd man at the girl's homestead was initially sentenced to 15 years per count before the court set aside five years on condition of good behaviour.
The man, who was jailed after pleading guilty to both counts of rape, has engaged the services of a Harare lawyer, Mr Maxwell Mavhunga of Mavhunga and Sigauke on appeal.
Mr Mavhunga is now challenging sentence at the High Court.
The first incident occurred in April this year when Muzhuzha was left in the custody of the girl as other family members left for church.
In the absence of other family members, Muzhuzha followed the girl into the bedroom where she wanted to collect tea leaves.
He tripped the girl to the ground, undressed her and raped her once.
During the abuse, the girl attempted to scream but was silenced with death threats.
The second incident occurred some days later when Muzhuzha followed the girl to the well where she had gone to fetch water.
He asked to be intimate with the girl and she refused, prompting the man to use force and rape her.
The girl later disclosed the abuse to her mother who reported the matter to the police leading to Muzhuzha's subsequent arrest.
According to Mr Mavhunga, the sentence imposed by the regional court was excessive and shocking considering the man pleaded guilty.
He intends to argue before the High Court that the magistrate did not seriously consider that the man was still youthful.
There was no inquiry to establish if the girl did not consent on the rape cases and that no weapon was used in the offences.
According to Mr Mavhunga, the court could have been lenient in sentencing his client.
Source - TH
