Zvikomborero Parafini
AN HIV positive father, who raped his teenage daughter, has been sentenced to 20 years imprisonment in what regional magistrate Donald Ndirowei has described as “a bad case of rape.”
Magistrate Ndirowei said he settled for the presumptive penalty of 20 years imprisonment because the case is extraordinary in that the HIV positive father raped his biological daughter. He said this calls for the stiffest and deterrent sentence that this court is empowered by law to impose.
“In sentencing the offender for rape, the court is required to have regard to all the relevant factors, including certain factors, which may have aggravated the crime, such as the age of the victim, the extent of physical and psychological injury inflicted and whether the offender was infected with a sexually-transmitted disease at the time of the rape.
“The aggravating factors that I have found to exist in this matter are that the victim was seriously injured psychologically by this rape at the hands of her own biological father. She was so battered psychologically that she even contemplated committing suicide and she only changed her mind after counselling sessions that she received at Pararenyatwa Hospital, courtesy of her step mother,” said Ndirowei.
He added: “The court has taken notice of the fact that the psychological trauma that this offence has caused on the victim’s life is very difficult to heal. Clearly, this is a cardinal sin and one which is unforgivable and the offender ought to be crucified for his sins. Further, and more importantly, the offender is a parent to the victim, he is the biological father of the victim.
“I indicated in my judgment that this offence was committed in the most gruesome fashion, the offender behaved like an animal which knows no relations by raping his own daughter. As if that was not enough, the court learnt during the pre-sentencing hearing that the offender is HIV positive, he knew that he was infected with HIV at the time of the rape. The offender’s HIV positive status was confirmed when the court ordered that he be tested and his results were submitted as an exhibit. Fortunately, the victim received PEP within seventy-two (72) hours because she reported the rape expeditiously and she was not infected with HIV as a result of the treatment. Though this is quite refreshing, it does not take away the aggravating circumstances in which this offence was committed.”
Magistrate Ndirowei said the offender’s alcohol abuse was an aggravating factor in the commission of the offence.
“It is important to discuss the circumstances that led to the commission of this offence on the day in question. The offender blamed drunkenness for his unforgivable acts, he said he had spent the whole day drinking an illicit type of alcohol called King Stallion.
“I have discussed the defence of voluntary intoxication in detail in my judgment and I do not wish to repeat the discussion here, however, I wish to emphasise that the offender’s alcohol abuse is an aggravating factor in the commission of the offence.
“It is contrary to public policy to allow a person to escape liability completely where they cause harm in a state of voluntary intoxication. If they are not punished at all, no deterrent influence will be brought to bear upon those who irresponsibly get themselves drunk and cause harm whilst in that drunken state.”
Shambadzeni Fungura appeared for the State. (H-Metro)
