The desire for sex led a 15-year-old girl to lie to her boyfriend that she was 18 years old. The girl(name withheld), had sex with Knowledge Chitsara and this led to the latter being arrested and charged with having sexual intercourse with a minor after the girl’s mother lodged a complaint with the police.
Chitsara appeared before Mbare magistrate Stanford Mambanje and admitted having se_xual intercourse with the girl and denied knowing that she was 15 years old.
“She told me that she was 18 years old when I was courting her ,”Chitsara said.
The State,represented by Daniel Muchimbiri,had it that on January 23,Chitsara had se_x with the girl and repeated the same later in the day and the girl had consented to the act.
Chitsara then took the girl to her parents’ house and the girls’ mother lodged a complaint with the police.
A medical affidavit was brought before the court.
It stated that the girl was no longer a vi_rgin and the hymen was broken.
The mother of the girl testified before the court and accused Chitsara of lying.
However the evidence she gave the court could not match with the evidence the daughter had given the magistrate when the court was cleared.
“The first witness(the girl) corroborated the accused’s defense that she lied that she was 18 years old.
“The complaint’s physical appearance is misleading as she looks like someone who is 18 years or older.
“However it is clear that you had se_xual intercourse with the complainant.
“It is also clear that she is under 16 and that you are not married to each other.
“Since the essential element that you knew her real age is missing there is no need to go for the defence case and in light of that there is no enough evidence.
“You have been found not guilty and acquitted.
“However this is not part of the judgement but I would want you both to listen very carefully.
“The complainant has highlighted that she is still in love with you.
“The accused person is strongly warned that he will be arrested if he continues with this relationship as he is now aware of the complainant’s age.
“He will not be able to defend himself when he comes to this court.
“I am not talking about having sex only with the complainant but hugging,kissing is also considered indecent.”
“The accused person and complainant should know that their relationship is not approved by law.
“I am sure the complainant is hearing this and she should wait and grow and the accused person let them grow.
“If you want to have se_x go and look for someone who is the right age,” Magistrate Mambanje added.