Rapist faints after 15 years sentence
WHEN he was raping his 10-year-old neighbour, he had the energy of a tiger but when the reality of the crime he had committed dawned on him in court, all the energy disappeared and he fainted.
This was the case when a Victoria Falls man collapsed in the dock after he was convicted and sentenced to 15 years imprisonment for raping his 10-year-old neighbour before buying her silence with freezits.
Justin Ngwenya (38) of Mkhosana in Victoria Falls who was clad in prison garb began to sob as Hwange regional magistrate, Mr Collet Ncube pronounced findings leading to his conviction before sentencing.
“In sentencing you the court has taken into account that you are a first offender, still within your productive phase and a family man hence the court will exercise leniency. The court is aware that incarceration for a longer period will further traumatise your family, however, rape is a serious offence and such crimes are on the increase in Zimbabwe particularly against children. A clear message needs to be sent out there that sex violence deprives women and children a right to dignity. Due to the nature of the offence a custodial sentence is inescapable. You are hereby sentenced to 15 years imprisonment,” said Mr Ncube.
Ngwenya will serve an effective 12 years in prison after three were suspended for five years. A sombre atmosphere engulfed Ngwenya’s family especially his wife who broke down in tears as prison officers directed him outside the dock before he collapsed at the door.
Prison officers had to call for an ambulance after Ngwenya, who seemed to have been overwhelmed by the sentence fell unconscious. Ten minutes later Ngwenya regained his composure before he was whisked away to hospital by prison officers.
In court, Ngwenya who pleaded not guilty said that he did not rape the girl as during the said period he was staying with his family and a live-in maid.
Through his lawyer, Mr Thulani Nkala of Dube and Company he further stated that since he was formally employed he would spend most of his time at work.
“My client was formally employed and would spend most of his time at work and regrettably the lack of specific date the allegedly rape is said to have happened makes it impossible to use the workplace log to defend himself in proving his whereabouts on the alleged day,” said Mr Nkala.
According to the State led by Ms Memory Munsaka sometime in the month of January last year, the girl who was doing Grade 5 dismissed from school and went home where she found Ngwenya alone. She went to the toilet to relieve herself after she had finished washing her uniform.
Ngwenya followed her and stood by the door. He pushed her back into the toilet as she tried to get out and kissed her once without her consent. Thereafter he let her out and promised to give her some freezits since he was making them at home. He went on to ask the complainant to wash his plates.
After that Ngwenya asked her to get into his bedroom and relax before advising her to remove her clothes if she was feeling hot. After a while he followed her into the bedroom, removed his clothes and ordered the girl to lie on the bed. He raped her while closing her mouth so she could not scream.
After the act he took the complainant’s clothes and threw them outside through the window. He gave the girl his wife’s clothes to wrap herself before threatening to assault her if she told her mother what happened.
She then took her clothes, dressed up and followed her mother to her grandmother’s home where she had gone but did not tell her about the incident. During the same period extending from January to June 2016 she confided in her cousin who later told the girl’s younger sister.
However, the matter remained between the three until the evening of 16 March this year when the girl’s younger sister disclosed the incident to their mother who later questioned her about the matter. A report was subsequently made leading to Ngwenya’s arrest.