A 32-YEAR-OLD man from Gwanda has been jailed for 15 years for raping his friend’s wife after he found her alone at her home while her husband was at work.
Bukhosi Nyathi of Tshoboyi pleaded not guilty to a charge of rape when he appeared before Gwanda regional magistrate, Mr Mark Dzira, but was convicted due to overwhelming evidence.
He was sentenced to 15 years imprisonment and three years were suspended on condition that he does not commit a similar offence within the next five years. He will serve an effective 12 years.
In his defence, Nyathi, who was being represented by Mr Bukhosi Ncube of Mlweli Ndlovu and Associates, said the complainant had consented to having sexual intercourse with him as they were having an affair.
“My client will state that he had an extra marital affair with the complainant and he had consensual sexual intercourse with her. On the date in question my client went to the complainant’s home to check whether her husband was there so they could spend the night together and she told him that her husband was in Bulawayo.
“The complainant then poured some bathing water and she and my client had a bath together outside. The complainant went into the house and my client followed him inside as per agreement,” he said.
Mr Ncube said while his client and the complainant were in the house, they heard a male voice outside and the complainant ordered Nyathi to get out as she suspected that it was her husband who had come back unexpectedly.
He said the complainant’s children woke up before Nyathi could get out of the house and they saw him. Mr Ncube said the complainant had fabricated the allegations to protect her marriage.