A 24-year-old man from Bulawayo has been acquitted of a serious r@pe charge after a 14-year-old complainant admitted in court that she lied about her age and consented to the encounter.
The case, heard before regional magistrate Mark Dzira, began on October 6. Prosecutor Jethro Mada told the court that the girl had run away from home and met the accused, Siphosenkosi Sibanda, in the city centre that evening. “She met the accused person at night and he offered her a place to spend the night,” Mada said.
The prosecution alleged that unprotected s3x took place during the night. Under Zimbabwean law, any s3xual act with a person under 18 is considered statutory r@pe, as minors cannot legally give consent.
However, the trial took a dramatic turn when the complainant testified. She admitted she had misled Sibanda about her age and was not forced into the act. “I wronged my parents for what I did and I’m apologising to them. I told my father what happened for me ending up having s3xual but I had no opportunity to tell him that I agreed to the act because he was very angry,” she said.
Her admission was pivotal. The court concluded Sibanda genuinely believed she was 18, and with this reasonable belief established, he could not be found guilty of r@pe.
Before discharging Sibanda, Magistrate Dzira addressed the teenager directly, urging her to focus on her studies and future. “Your time will come, but for now go home and continue asking for forgiveness from your parents because what you did was very wrong. You can only show that you are sorry by performing better in school,” he advised.
The ruling, based on the evidence of deception presented, allowed Sibanda to walk free.
