13-year-old boy sentenced to 15 years in jail

A 13-year-old boy from Plumtree, Matabeleland South, has been sentenced to 15 years in prison for aggravated indecent assault.

The minor is currently incarcerated at Bulawayo Prison. His identity has been withheld as he is a minor.  

In an interview with CITE, the minor's mother, who is based in South Africa, said her son was staying with his aunt at home.

"There is another homestead belonging to my paternal grandmother, and a woman is employed to take care of it. During the school holidays in April, that woman's seven-year-old child visited our homestead because schools were closed. The children, all boys, slept in one room," the mother explained.

She recounted that her son, who plays soccer, had been exposed to inappropriate material.

"During soccer practice, the senior players were watching pornography and made him watch as well. When he got home, he narrated what he had seen to his siblings, while demonstrating it to the seven-year-old boy," she said.

The seven-year-old later told his mother about the incident.

"She initially didn't take the matter seriously, thinking it was just children being mischievous. However, the boy's father believed there might have been an attempted rape, and the matter was reported to the police," the mother added.

The mother, who was in South Africa at the time, said the police initially indicated that no action would be taken because both children involved were minors.

"They went to the police station, and it's alleged that the police said they wouldn't arrest my son because he was a minor. The seven-year-old was taken to a clinic for a check-up, and the doctor confirmed that everything was fine. My son was also sent for counselling in Plumtree, and the case was dropped," she said.

However, the mother was later informed that the case had been re-opened and would go to court.

"I don't know how the issue resurfaced. I received a call saying the case had been taken to court in Gwanda, and the hearing was scheduled for August 8. On August 7, a police officer went to remind the family about the court date. The mother of the seven-year-old did not attend, but my son's aunt accompanied him to court," she said.

The mother explained that her son was questioned based on the information the court had, and social workers allegedly pressured him into responding by telling him he would be sent to prison if he didn't answer.

"They didn't communicate with the aunt. They just informed her that my son was sentenced to 15 years in prison. He spent a night in Plumtree prison and was transferred to Bulawayo the following day," she said.

She expressed disbelief at the harsh sentence. "How can a 13-year-old be sentenced to 15 years, more years than his age? They could have given him a more lenient sentence."

"I had to sell a cow to hire a lawyer to file an appeal and apply for bail. I am appealing for assistance, as the case may continue. My son is crying, as he is the youngest in the prison," the mother said.

The lawyer, Stanley Chinyanganya, confirmed that the boy was charged with aggravated indecent assault.

"The allegation is that he had anal sexual intercourse with the seven-year-old," Chinyanganya explained. "At the time of his arrest and court appearance, the boy was not represented by a lawyer. We have now applied for review of the magistrate's decision, which is being processed. Tomorrow morning (Friday), we will proceed to Plumtree to make a bail application to get the minor released."