Two accused of impregnating Grade Four pupil grant...

Two accused of impregnating Grade Four pupil granted free bail

Zim Now Writer

Manicaland provincial police spokesperson, Inspector Nobert Muzondo, says two of the suspects who were arrested over the sexual abuse case of a Grade Four Nyanga schoolgirl were released on summons.

Meanwhile the girl, who is now six months pregnant, has been referred for mental examination to assess the extent of her capabilities to consent to sex.

Inspector Muzondo said Joseph Mabota Mabvumba, 23 who is a neighbour and the girl’s 15-year-old cousin appeared in court and were released on summons.

He said examination of the victim will determine the degree or capability or her ability to consent to sex, coupled with issues relating to her age when the birth certificate will be produced as evidence in court.

Mutare legal practitioner, Mrs Memory Mandingwa of Mhungu and Associates said Section 70 of the Criminal Law Codification and Reform Act deals with matters relating to the age group that has to be protected, which is the 12 to 16 age group.

She said, “Even if they gave their consent, that age group still remains protected at law, hence the perpetrators still have cases to answer.

“There is also Section 65 which primarily deals with rape, whether the female partner consented to sexual intercourse or not. On this one, being referred to mental examination might be out of the need to establish whether the survivor had non-consensual sexual abuse.”

The girl is continuing with her studies in line with Government policy and the girl will only be excused when she gets into labour.