Woman Sues Estranged Lover For Broken Virginity, Breach Of Promise to Marry, Seeks $15,000 In Damages
A Harare woman, a University of Zimbabwe graduate working for one of the country’s leading companies, is suing her estranged lover at the Harare Civil Court.
She is seeking $5,000 in seduction damages and an additional $10,000 in general damages for breach of promise to marry.
According to H-Metro, the woman accuses the man, Tatenda (surname withheld), of taking away her virginity and turning her into a “sex object” during their relationship.
She claims that she was seduced into the relationship by Tatenda and lost her virginity on the first day she visited him at his house in Harare. She said:
He forcefully pushed me onto his bed and I tried to wrestle him to free myself but he proved more powerful than me, I was subdued, he tore my underpants and forced himself on me.
I struggled and struggled until I became powerless. I started crying and he kept on saying keep quiet, keep quiet, people are going to hear what we are doing and he put his hand on my mouth.
In the process he deflowered me and there was blood on his coloured bed. I was so helpless and hopeless, to say the least.
I told him that I was going to inform my relatives and possibly make a police report.
After these threats, the woman states that Tatenda expressed remorse and promised to marry her. However, he later reneged on this promise. She said:
When I said that he showed some remorse and in his own words he said, “Don’t you see that you are very beautiful and you are a wife material please don’t take any action because I’m promising you that I will marry you.”
I just remained quiet and he then offered to take me to my place of residence, along the way tears were coming out of my eyes and he kept on saying ‘My wife please, please don’t worry I’m your husband.’
The way he expressed it to me I was convinced that what he had done he (had) done it with the intention to marry me. He later dropped me off at my place.
However, Tatenda’s promise to marry her did not materialise. She stated that after they lived together for a while, during which she alleged she suffered significant abuse, he ultimately dumped her and ended their relationship.
She took her case to Chief Seke’s traditional court, where Tatenda was found guilty. Reads Chief Seke’s judgment:
Tatenda [surname withheld] was found guilty of using (name of victim withheld) as his SEX object.
(The victim) was ordered to approach the Civil Court to claim damages from Tatenda [surname withheld].
According to the woman’s court filings, she lost her virginity on the night of the alleged attack at her former boyfriend’s home. Reads the court papers:
The defendant then promised that he would marry the plaintiff and hence there was no need to be worried about the loss of her virginity or being late to go back home to her parents. Plaintiff accepted the promise.
Upon her return to her parents home, Plaintiff was told to go back to where she had been and naturally she went back to defendant’s premises.
Plaintiff returned to Plaintiffs premises and the latter accepted her. The following day, the defendant suggested to Plaintiff that she should go stay with his uncle whilst he was finalising the marriage plans.
She also agreed to this and she was taken to stay with defendants’ uncle for the above stayed purpose.
Plaintiff was later taken to stay with defendant’s sister after his uncle had decided to withdraw from the issue citing defendant’s lack of commitment to fulfilling his promise to marry plaintiff.
Tatenda later informed his relatives that he had decided against marrying the woman. However, he failed to provide any valid or reasonable justification for reneging on his promise to wed the victim. Reads the court documents:
Despite making the promise to marry the plaintiff, defendant did not fulfil his promise and eventually told his relatives and the plaintiff that he was no longer interested in marrying her.
He did not give any valid or reasonable excuse for that decision to breach his promise to marry plaintiff.
As a result of being seduced into pre-marital sex resulting in the loss of her virginity the plaintiff suffered damages which she is entitled to claim from defendant.
Furthermore, and distinct from the above claim, the plaintiff also suffered damages for breach of promise to marry as a result of the actual expenditure she encountered as a result of the breach of promise and the contumelia she encountered as a result of such breach.
As a result, the woman is seeking $5,000 in seduction damages and an additional $10,000 in general damages for breach of promise to marry.
The outcome of the court proceedings will be closely watched, as it may set a precedent for similar cases involving breach of promise to marry and the associated emotional and financial consequences.
More: Pindula News
