Tout Sentenced To 10 Years In Jail For Bedding 16-year-old Girl
A 23-year-old tout from Chivhu, Simbarashe Guvheya, has been sentenced to 10 years in prison for engaging in sexual intercourse with a minor, in his case, a 16-year-old girl.
Guvheya was found guilty of the offence stemming from an encounter with the teenager at Masasa Business on February 16, 2023.
The court heard that the girl was stranded at the shopping centre after leaving her home in Wiltshire to look for work but was unsuccessful.
Guvheya, a stranger to her, offered assistance, leading them to profess affection and agree to go to his home, where they lived together as if married for 12 days.
The situation came to light when the teenager sought advice at Masasa Police Station, resulting in Guvheya’s arrest. During his trial at the Chivhu magistrate court, he pleaded guilty to the charges.
During the pre-sentencing hearing, it was revealed that Guvheya was HIV positive, a condition he had since birth.
Despite being aware of his status, he engaged in unprotected sex with the girl, which led to her becoming pregnant and abandoning her job search. Fortunately, after testing twice, the teenager was confirmed to be HIV-negative.
The magistrate subsequently referred the case to the High Court for review. Following a thorough examination, High Court Judge Justice Lucy Mungwari concluded that the trial court’s proceedings aligned with principles of real and substantial justice. She said (via H-Metro):
Moreover, the accused explicitly disclosed that he was aware of his HIV-positive status at the time of the offense, as he was born with the condition.
Finally, I conclude that there are no unique or exceptional circumstances in the offender’s personal situation.
Despite being twenty-three years old and a youthful offender, he is still an adult who knowingly jeopardised the victim’s health by exposing her to the risk of infection.
As previously mentioned, in the absence of special circumstances, the court’s discretion is restricted, and it is mandated by law to impose the minimum sentence of ten years.
Accordingly, the offender is sentenced to 10 years imprisonment.
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