21-year-old man sentenced to 10 years in prison for raping a mentally ill woman
Shanzu Principal Magistrate Yusuf Shikanda has sentenced a 21-year-old man to 10 years’ imprisonment for raping a mentally ill woman.
Dickson Joshua is accused of committing the heinous crime in 2019 in a dump site in Kisauni’s Mgongeni district.
During interrogation, Magistrate Shikanda heard that the victim placed her hands around her private areas and made pained and uncomfortable facial expressions.
“I hereby find the accused person guilty and as the glove fits, the accused person is convicted of the offence of Rape contrary to section 3(1)(a) and (b) as read with section 3(3) of the Sexual Offences Act. Having convicted the accused person on the main count of rape,” Shikanda said.
Dr. Gabriel Mungola testified that, even though no penetration occurred, there was an effort to penetrate the vagina and that evidence of grazing on her private parts were evident.
“The doctor’s statement is indicative of the fact that there was an object inside the vagina of the complainant save that it did not break the hymen,” Shikanda said.
According to the court, the perpetrator also took advantage of the victim’s condition to commit the crime.
“The accused person took advantage of her vulnerability and violated her. This kind of infraction ought to be deterred. The circumstances under which the offence was committed are aggravating,” Shikanda noted.
