Times of Eswatini

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

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