AN 18-year-old man has been ordered to perform community service for having se_x with a 13-year-old girl after she failed to repay $2,50 he had given her.
The teenager from Ezikwakweni Village in Esigodini who cannot be named for ethical reasons pleaded not guilty to a rap_e charge when he appeared before Gwanda regional magistrate, Mr Mark Dzira. He was found not guilty of rap_e but was convicted for having se_xual interc0urse with a young person.
This was after the girl told the court that she consented to se_x.
The teenager was sentenced to 12 months imprisonment and three months were suspended on condition that he does not commit a similar offence within the next five years. The remaining nine months were further suspended on condition that he performs 315 hours of community service at a local primary school.
Prosecuting, Mr Khumbulani Nyoni said in August last year the accused person gave the complainant $2,50 and later demanded his cash back.
When she failed to give him back the money, he demanded to have se_xual intercourse with her.
“On an unknown date but in August 2019 the complainant was alone at her grandmother’s homestead in Esigodini when the accused person visited her. He gave her $2,50 and she bought some sweets and the following day he confronted her and demanded his money back,” he said.
“The complainant told the accused person that she had already used the money and he demanded to have sexual intercourse with her as a form of payment. The complainant refused and the accused person went on to rap_e her.’’
Mr Nyoni said on another day during the same month, the teenager went to the complainant’s home and found her alone. He again demanded his money back but she indicated that she did not have it.
He said the accused person rap_ed the complainant and warned her against reporting the matter.
Mr Nyoni said in September the complainant’s mother noticed that her daughter had developed some ring worms on her face and questioned her after suspecting that she was preg_nant. He said the complainant then revealed to her mother that the accused person had rap_ed her.
The minor was however not preg_nant.
The matter was reported to the police resulting in the arrest of the accused person.
In his defence the accused person said he did not rap_e the complainant as she had consented to having se_xual intercourse with him. He said the complainant and his girlfriend are friends.