News / Regional
Businessman gets 13 years behind bars for rape
09 Jun 2012 at 03:39hrs | Views
A businessman from Plumtree who raped a 13-year-old pupil has been jailed for 16 years.
Benjamini Mushayahama (45) pleaded not guilty to two counts of rape but was convicted of one count by former Bulawayo regional magistrate Mrs Fadzai Mthombeni.
Mrs Mthombeni, who is in Bulawayo to complete her partly heard cases, suspended three years of his sentence for five years on condition of good behaviour.
The court took into account that he spent two years awaiting the finalisation of his case.
The State withdrew after plea the other charge because the complainant cannot be located.
In mitigation, Mushayahama pleaded with the court to exercise lenience saying he runs a general dealer shop and a bottle store realising about $500 per month.
The State as presented by the prosecutor, Mr Tinashe Dzipe, is that on a date unknown to the prosecution but in September 2010, Mushayahama invited the pupil to his residence.
He led the complainant to his bedroom under the pretext that he wanted her to watch television.
He then sexually abused her and the matter came to light through a tip-off and investigations led to his arrest.
The medical report confirms penetration.
Appearing before the same magistrate, a man from Bulawayo's Nguboyenja suburb was sentenced to 20 years in prison for raping his granddaughter.
The man aged 51 and cannot be named to protect the identity of the granddaughter, pleaded not guilty to two counts of rape but was convicted.
Four years of his sentence were suspended for five years on condition of good behaviour.
In arriving at the sentence, the magistrate noted with concern that the man was in a position of trust, protection and respect.
"You took advantage of your position and abused the complainant. The age difference is very high which seriously aggravates the offence.
"You used threats on the child as it is alleged that you placed a knife on the complainant's forehead causing physical and emotional abuse which resulted in her being scared she could be killed anytime," she said.
It was also of concern, the magistrate said, that the grandfather infected the complainant with a sexually transmitted infection and she had to nurse genital warts at a very tender age.
Sometime in 2009, the grandfather was in Cowdray Park when the complainant's father left her and her younger brother in the care of their grandfather as they went away for the whole night.
At 8 pm, the grandfather ordered the complainant and her younger brother to go to bed since they would be going to school the following day.
At 10 pm, he went to the room where the complainant and her younger brother were sleeping armed with a kitchen knife.
He placed the knife on her forehead and threatened to kill her if she screamed for help. He then sexually abused her.
On 3 January 2010, the complainant's family moved to Nguboyenja. On a date unknown to the prosecution but during February 2010, the girl was asleep in the sitting room with four other children when at around 11 pm, the grandfather entered.
She was awoken by pain in her private parts and when she opened her eyes she saw him on top of her.
When he realised that she was awake, he placed a knife on her forehead and threatened to kill her if she shouted for help.
He threatened to kill her if she told anyone about what had happened.
During the April 2010 school holidays, she visited some relatives and started developing some genital warts.
On her return to town, she told her aunt who examined her before taking her to Mpilo Central Hospital.
Hospital staff discovered that she had been sexually abused and on 6 May 2010 a report was made at Mzilikazi Police Station.
She could not tell the police what had happened to her and who was responsible until she was taken to Contact Counselling Centre where she implicated the grandfather leading to his arrest.
Mr Jabulani Mhlanga prosecuted while Mr Robinson Mahachi, of T Hara and Partners defended the man.
Benjamini Mushayahama (45) pleaded not guilty to two counts of rape but was convicted of one count by former Bulawayo regional magistrate Mrs Fadzai Mthombeni.
Mrs Mthombeni, who is in Bulawayo to complete her partly heard cases, suspended three years of his sentence for five years on condition of good behaviour.
The court took into account that he spent two years awaiting the finalisation of his case.
The State withdrew after plea the other charge because the complainant cannot be located.
In mitigation, Mushayahama pleaded with the court to exercise lenience saying he runs a general dealer shop and a bottle store realising about $500 per month.
The State as presented by the prosecutor, Mr Tinashe Dzipe, is that on a date unknown to the prosecution but in September 2010, Mushayahama invited the pupil to his residence.
He led the complainant to his bedroom under the pretext that he wanted her to watch television.
He then sexually abused her and the matter came to light through a tip-off and investigations led to his arrest.
The medical report confirms penetration.
Appearing before the same magistrate, a man from Bulawayo's Nguboyenja suburb was sentenced to 20 years in prison for raping his granddaughter.
The man aged 51 and cannot be named to protect the identity of the granddaughter, pleaded not guilty to two counts of rape but was convicted.
Four years of his sentence were suspended for five years on condition of good behaviour.
In arriving at the sentence, the magistrate noted with concern that the man was in a position of trust, protection and respect.
"You took advantage of your position and abused the complainant. The age difference is very high which seriously aggravates the offence.
It was also of concern, the magistrate said, that the grandfather infected the complainant with a sexually transmitted infection and she had to nurse genital warts at a very tender age.
Sometime in 2009, the grandfather was in Cowdray Park when the complainant's father left her and her younger brother in the care of their grandfather as they went away for the whole night.
At 8 pm, the grandfather ordered the complainant and her younger brother to go to bed since they would be going to school the following day.
At 10 pm, he went to the room where the complainant and her younger brother were sleeping armed with a kitchen knife.
He placed the knife on her forehead and threatened to kill her if she screamed for help. He then sexually abused her.
On 3 January 2010, the complainant's family moved to Nguboyenja. On a date unknown to the prosecution but during February 2010, the girl was asleep in the sitting room with four other children when at around 11 pm, the grandfather entered.
She was awoken by pain in her private parts and when she opened her eyes she saw him on top of her.
When he realised that she was awake, he placed a knife on her forehead and threatened to kill her if she shouted for help.
He threatened to kill her if she told anyone about what had happened.
During the April 2010 school holidays, she visited some relatives and started developing some genital warts.
On her return to town, she told her aunt who examined her before taking her to Mpilo Central Hospital.
Hospital staff discovered that she had been sexually abused and on 6 May 2010 a report was made at Mzilikazi Police Station.
She could not tell the police what had happened to her and who was responsible until she was taken to Contact Counselling Centre where she implicated the grandfather leading to his arrest.
Mr Jabulani Mhlanga prosecuted while Mr Robinson Mahachi, of T Hara and Partners defended the man.
Source - tc