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PIGG’S PEAK – A 28-year old man has been arrested for allegedly raping a 12-year-old minor.
Ntokozo Shongwe of Phonjwane under Chief Mshengu has been charged with the crime of rape, contravening Section 3(1) as read with Section 3(3)(a) and 3(9)(b) of the Sexual Offences and Domestic Violence (SODV) Act 15/2018.
The accused appeared before Pigg’s Peak Magistrate Vusi Thomo yesterday.
According to the charge sheet, he is charged sheet, on February 23, 2023 at Nyakatfo in the Hhohho Region, the accused allegedly unlawfully and intentionally had unlawful sexual intercourse with the complainant*Sincobile, liSwati female juvenile aged 12 years of Nyakatfo.
Charge
The accused was informed that the rape charge he was facing was accompanied by aggravating circumstances in that he inflicted physical and life time mental trauma to the complainant.
The survivor is a minor aged 12 years, who is incapable of consenting to sexual intercourse. The accused was further told that upon conviction, the Crown will make an application to include his name in the National Register for Sex Offenders as provided for in terms of Section 56 of the SODV Act 15/2018.
When his right of legal representation was read to him, he informed the court that he would conduct his own defence. He was then advised that he must approach the High Court for bail application, as the magistrates court had no legal power to hear his bail application due to the seriousness of his alleged crime.
Remanded
The accused was remanded in custody until March 22, 2023, pending committal for trial to the High Court.
In a similar matter, in 2020, a 39-year-old woman who had a sexual relationship with a young boy was sentenced to 15 years imprisonment.
She was aged 37 and the boy was 13 at the time when they first had sexual intercourse.
According to the country’s laws, getting intimate with a person under the age of 16 is a serious criminal offence.
The woman was convicted at the Nhlangano Magistrates Court, where Principal Magistrate Florence Msibi handed down the 15-year custodial sentence.
The presiding officer described the incident as shocking.