Man accused of raping sister claims to be HIV+

MANZINI- “I have HIV, I would not sleep with my sister.”

This is a submission that was made by *Similo (32) of Maliyaduma, who stands accused of raping his 21-yearold school-going sister in 2019.

The accused appeared before Acting Judge David Khumalo for two charges under the Sexual Offences and Domestic Violence (SODV) Act.

In count one, the accused allegedly unlawfully engaged in sexual intercourse with his sister *Faith without using a condom. This happened at Mbeka, during the months of June to August. Similo reportedly exposed his sister to danger of being infected with sexually transmitted infections, according to the charge sheet. Being a brother to the complainant, it was said he abused the relationship of trust, in that the accused and the complainant were related. It was also mentioned that the accused purportedly had sexual intercourse with his sister several times.

In the second count, the accused is said to have had sexual intercourse with his sister at Maliyaduma during the months of June to August 23, 2019.

During submissions in court, the accused said their father granted him permission to take care of his younger sister. He mentioned that the Crown had submitted that he was forcefully engaging in sexual intercourse with his sister after threatening her.

“I am sick with HIV, I would never expose my sister to my illness, it would never happen,” the accused submitted.

He also questioned how he would engage in unprotected intercourse, but not infect her sister. The accused also stated that to date, the Crown was unaware of the complainant’s HIV status. It should be noted that a doctor, during cross examination, stated that the chances of transmission during unprotected sexual intercourse were slim, as long as the infected person took medication accordingly. Meanwhile, the matter will return on March 14, 2023 for sentencing.

*Names withheld to protect survivor