Gang rape after church teen was in love with 'attackers'

TWO teenagers from Binga who were facing charges of raping a 16-year-old girl have been found guilty of a lesser charge of engaging in sex with a minor after a court established that she was in love with both of them.

The two had pleaded not guilty to rape claiming that they had consensual sex with her as they were both in love with the girl.

Ndubeko Mwembe, 18, was facing two counts of rape while his alleged accomplice, who is 15-years-old and cannot be named to protect his identity as a minor, was facing one count of rape.

Hwange regional magistrate Dambudzo Malunga found both of them, who live under Chief Dobola in Kariangwe, Binga, guilty of a lesser charge of having sex with a minor.

The magistrate sentenced the duo to three months in jail each but conditionally suspended the sentence for five years on condition that they do not commit a similar crime within that period.

"The state failed to find a prima facie case of rape against the accused because the evidence of the complainant was inconsistent and varied from that of her mother who reported the case. The court also noted that the complainant was in love with both the accused," said the magistrate.

In their defence, the accused had told the court that they were both in love with the girl.

"We were in love and I asked for sex and she agreed. After we had sex we started walking towards home and that's when we met accused two. The girl remained with him as I walked in front of them and after a while they caught up with me. Accused two walked fast leaving us behind and that is when I asked for sex once again and she agreed," said Mwembe.

The 15-year-old corroborated Mwembe's evidence.Mwembe and his friend had sex with the girl after they spotted her walking home along a path with her cousin who later fled and informed the girl's mother.

The girl, who cannot be named to protect her identity, is also from the same village with her alleged boyfriends. Prosecuting, Tawanda Sigauke told the court of the incident that occurred on December 7 last year.

"On December 7 last year at around 8PM and at Kampandu bush, the complainant and her cousin were walking home from a church service and were approached by two accused persons who grabbed the girl by the hands. The complainant's cousin fled and went home to inform the complainant's mother about what had happened," said the prosecutor.

The court heard that Mwembe and his accomplice tripped the girl and pulled her into the bush where they had sex.The girl's mother later arrived looking for her and the two "attackers" fled.