News / Regional
12 hour rapist jailed for 20 years
12 Dec 2015 at 06:41hrs | Views
A MARRIED man from Madlambuzi who raped his girlfriend's younger sister for 12 hours has been slapped with a 20-year jail term.
Smile Moyo, 26, a father of two, force-marched the woman, 20, for four kilometres to his home where he raped her many times without protection from 9PM to 9AM the following day.Regional magistrate Sibongile Msipa-Marondedze rubbished Moyo's claim that he was in love with the woman.
"The State had two good witnesses who managed to give clear evidence. The victim narrated her horrific experience of how you had assaulted and raped her and her story is believable," she said.
"The court has considered evidence brought before it and it is clear that you committed the crime. You are therefore sentenced to 20 years in prison of which five years are suspended for five years on condition of good behaviour."
In mitigation, Moyo pleaded with the court to be lenient as he was taking care of two young school going children.
"I didn't know I was committing a crime when I slept with her Your Honour. May the court be lenient as I have to fend for my two children," he said.
The woman told the court Moyo found her watching a movie at around 8PM and inquired about her sister's whereabouts.
"I told him that my sister wasn't at home and he forced the door open. He ordered me to accompany him to his homestead," said the woman.
She said she refused and Moyo assaulted her and dragged her to his homestead.
She told the court she could not scream as Moyo was throttling her.
"We got into his room and he forced me to strip threatening to assault me with an iron bar. He said he was happy that finally he was going to have sex with me as I had always been a hard nut to crack," narrated the woman.
She said Moyo raped her the first time and told her he wanted to do a pornographic style with her.
"Afterwards he left saying he wanted to find a knife to open my small hole," she said.
According to the woman, Moyo failed to get the knife and came back to force himself on her many times the whole night.
"He raped me the whole night and I only got to breathe when I asked to relieve myself. He would release me only to hold my hand and take me outside while I was still naked and continue raping me," she said.
Moyo disputed the woman's version of events. He claimed the two were in love saying that was why the woman did not scream for help or attempt to flee.
"I know that rape victims scream during the act but she didn't scream or attempt to escape as we had consensual intercourse.
"She didn't refuse to accompany me to my house and didn't show any signs that she was disagreeing with everything we did," said Moyo in his defence.
Prosecuting, Paida Zengeni said on October 18, Moyo went to the woman's homestead and knocked on the door.
"Moyo ordered the complainant to accompany him to his homestead. He held her by the neck and threatened to kill her if she made any noise or resisted.
"The accused person assaulted the complainant once on the back with a mopane stick when she refused to enter his house," said Zengeni.
The prosecutor said the woman managed to flee on the following morning after the 12-hour rape ordeal. She reported the matter to her aunt, who then notified the police.
Smile Moyo, 26, a father of two, force-marched the woman, 20, for four kilometres to his home where he raped her many times without protection from 9PM to 9AM the following day.Regional magistrate Sibongile Msipa-Marondedze rubbished Moyo's claim that he was in love with the woman.
"The State had two good witnesses who managed to give clear evidence. The victim narrated her horrific experience of how you had assaulted and raped her and her story is believable," she said.
"The court has considered evidence brought before it and it is clear that you committed the crime. You are therefore sentenced to 20 years in prison of which five years are suspended for five years on condition of good behaviour."
In mitigation, Moyo pleaded with the court to be lenient as he was taking care of two young school going children.
"I didn't know I was committing a crime when I slept with her Your Honour. May the court be lenient as I have to fend for my two children," he said.
The woman told the court Moyo found her watching a movie at around 8PM and inquired about her sister's whereabouts.
"I told him that my sister wasn't at home and he forced the door open. He ordered me to accompany him to his homestead," said the woman.
She said she refused and Moyo assaulted her and dragged her to his homestead.
She told the court she could not scream as Moyo was throttling her.
"We got into his room and he forced me to strip threatening to assault me with an iron bar. He said he was happy that finally he was going to have sex with me as I had always been a hard nut to crack," narrated the woman.
She said Moyo raped her the first time and told her he wanted to do a pornographic style with her.
"Afterwards he left saying he wanted to find a knife to open my small hole," she said.
According to the woman, Moyo failed to get the knife and came back to force himself on her many times the whole night.
"He raped me the whole night and I only got to breathe when I asked to relieve myself. He would release me only to hold my hand and take me outside while I was still naked and continue raping me," she said.
Moyo disputed the woman's version of events. He claimed the two were in love saying that was why the woman did not scream for help or attempt to flee.
"I know that rape victims scream during the act but she didn't scream or attempt to escape as we had consensual intercourse.
"She didn't refuse to accompany me to my house and didn't show any signs that she was disagreeing with everything we did," said Moyo in his defence.
Prosecuting, Paida Zengeni said on October 18, Moyo went to the woman's homestead and knocked on the door.
"Moyo ordered the complainant to accompany him to his homestead. He held her by the neck and threatened to kill her if she made any noise or resisted.
"The accused person assaulted the complainant once on the back with a mopane stick when she refused to enter his house," said Zengeni.
The prosecutor said the woman managed to flee on the following morning after the 12-hour rape ordeal. She reported the matter to her aunt, who then notified the police.
Source - chronicle