15 Year Old jailed for sexually abusing toddlers 2 and 3

Mvuma teen Jailed for 10 years over sexual abuse of toddlers

By Dumisani Ndlovu

A 15-year-old Mvuma boy has been handed a 10-year prison sentence following his conviction for the rape of two toddlers, aged two and three. However, Gweru Regional Magistrate Sibongile Marondedze wholly suspended the sentence.
The court heard that the juvenile offender, whose identity is withheld in compliance with child protection laws, committed the acts on an unknown date in 2024 at his homestead in Chiodza, Mvuma. Prosecutors proved that the boy lured the two young girls, who resided at the same homestead and were left in his care, into his bedroom where he raped them.

Facing two counts of rape, as defined under Section 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], the teen was represented by a Legal Aid lawyer who pleaded for leniency. The defence argued for rehabilitative consideration over retributive punishment, citing the accused's juvenile status, immaturity, and potential for correction as a first-time offender. They specifically requested a wholly suspended sentence to facilitate his reform.
Senior Prosecutor Eggrina Matutu , representing the State, passionately urged the court to impose a deterrent sentence. Matutu emphasized the extreme vulnerability of the victims, stressing that they were "incapable of understanding what was happening to them."
"The court must take into consideration the nature of the relationship, even though the accused and the victims were not related by blood but were neighbors. He was expected to care for and protect them; instead, he betrayed that trust. Although the offender is a minor, he committed the crime under aggravating circumstances. Aggravating factors cannot be swayed by age. The State therefore prays for a mandatory sentence,”said Prosecutor.
“The offender introduced the children to sexual acts at a very tender age, without protection, thereby exposing them to sexually transmitted infections and long-term psychological trauma," Matutu told the court.
Matutu cited the TG case 2024 High Court judgment (HH 52/24), asserting that while the offender’s age might be a mitigating factor, it "cannot outweigh the seriousness and aggravating circumstances of the offences." She also reminded the court that the law prescribes a mandatory minimum sentence of 15 years’ imprisonment for each count of rape. The State tendered the victims’ birth certificates and a victim impact statement detailing the emotional distress suffered by the minors.
Magistrate Marondedze convicted the juvenile after finding overwhelming evidence proved the charges beyond reasonable doubt. In passing sentence, the Magistrate noted that under both medical and legal definitions, proof of penetration does not necessarily require hymenal rupture, and that psychological studies show children rarely fabricate accounts of sexual abuse.
The Magistrate cited the 12-year age difference between the offender and victims, and the position of trust as a neighbour, as significant aggravating factors. The court also heard that the complainants’ guardian was assaulted by a son inlaw because of the incident, a factor the Magistrate also considered aggravating.
For each count, the juvenile was sentenced to five years, totaling ten years. However, Magistrate Marondedze ultimately wholly suspended the sentence. The magistrate’s verdict means the juvenile will not serve immediate custodial time but will undergo a year of counseling under a probation officer.