23-year-old caretaker sentenced to 10 years for sexual consent with Minor

By Talent Kapita

GWERU – A 23-year-old caretaker, Munyaradzi Mabota, has been sentenced to 10 years in prison after being convicted of engaging in a sexual relationship with a 17-year-old girl, in violation of Section 80 of the Criminal Law (Codification and Reform) Act.

Mabota, who was employed as a caretaker at Adelaide Park, appeared before Gweru Magistrate Christopher Maturure facing charges of engaging in sexual intercourse with a minor. The court heard that despite being fully aware of the complainant’s age, Mabota initiated and maintained a sexual relationship with the girl, exposing her to emotional trauma and allegedly infecting her with HIV.

The prosecution submitted that Mabota emotionally manipulated the complainant by creating the illusion of an impending marriage, thereby influencing her to remain in the relationship and take emotional risks. It was revealed during proceedings that the complainant later attempted to take her own life due to the psychological distress caused by the relationship.

“This case demonstrates a gross lack of self-control and a clear disregard for the consequences of his actions,” the state argued, citing the complainant’s age and emotional vulnerability as aggravating factors.

In his defence, Mabota claimed he was unaware of his HIV status and pleaded for leniency, requesting a non-custodial sentence. “Your Worship, I kindly request a non-custodial sentence so I can marry my girlfriend. She has threatened to take her life if I am imprisoned,” he told the court.

He further stated that the complainant regularly visited him at his residence and that he once suggested ending the relationship, but she allegedly insisted on continuing it. However, the court dismissed his defence as implausible.

Magistrate Maturure ruled that Mabota had a legal and moral obligation to resist engaging in sexual activity with a minor, regardless of her willingness or consent. “Even if the complainant came willingly, the accused had a duty to return her to her guardians or maintain a non-sexual relationship,” the magistrate noted.

The court confirmed that the complainant was below the age of 18 at the time of the offence, making any form of sexual activity unlawful under the relevant statute. Consequently, Mabota was convicted and sentenced to 10 years’ imprisonment for contravening Section 80 of the Criminal Law (Codification and Reform) Act, which criminalizes sexual intercourse with minors.