34-Year-Old Rapist Jailed 15 Years for Raping Woman (42)

Gweru — Regional Magistrate Archie Wochiunga has sentenced 34-year-old Happyson Banda to an effective 15 years in prison after convicting him of raping a 42-year-old woman at Hamandishe in Mvuma.

Banda was sentenced yesterday following a rape conviction arising from an incident on October 14, 2023.

The court heard that the complainant had been drinking beer with Banda and three other people from about 3pm on October 13, 2023.

According to her statement, she was buying the beer because she had invited the group.

The group later decided to attend a funeral at Mavise and contacted Carol Gomo, who arranged transport for them to Chicken Inn.

They were later taken from Chicken Inn to Mavise by a man identified as Robie Chiwara.

However, upon arrival, they were informed that the funeral had been moved to Holy Cross.

The group returned and was dropped off at Hamandishe at about 8pm, where they resumed drinking.

The complainant told the court that she became drunk and later lost awareness of what happened.

At about midnight on October 14, she said she woke up and discovered that she was naked and lying next to Banda in his room, with her clothes on the floor.

She said she checked herself and noticed semen flowing from her vagina.

The woman then confronted Banda, asking him why he had raped her.

According to her evidence, Banda responded: “Sorry Masi.”

She dressed and left the room before contacting Charles Lapukeni, known as Mabhechu, by phone.

Lapukeni later arrived and took both the complainant and Banda to Hamandishe.

The court heard that Lapukeni also questioned Banda about the rape, and Banda allegedly apologised again.

The complainant subsequently went home before deciding to report the matter to the police.

She told the court that Banda had no consent or right to have sexual intercourse with her.

In his defence, Banda denied raping the complainant, telling the court that it was his friend who had brought her to the room and raped her.

However, Magistrate Wochiunga rejected Banda’s version after considering the evidence before the court, finding him guilty of rape.

During sentencing, prosecutor Monica Mukwena presented aggravating circumstances, highlighting the manner in which the rape was committed.

Mukwena also raised Banda’s alleged knowledge of his HIV status and the possibility of exposing the complainant to HIV as an aggravating factor.

Magistrate Wochiunga acknowledged Mukwena’s contribution during the proceedings, noting her professionalism, adherence to legal standards and role in assisting the court in the administration of justice.

The magistrate found that the prosecution had proved its case beyond reasonable doubt that the crime was committed in aggravation. 

In sentencing Banda, Magistrate Wochiunga found that the aggravating circumstances surrounding the offence far outweighed the mitigation presented by the defence, before imposing an effective 15-year prison term.