RSS 2.0 FeedJanuary 2012 Volume 39, Crime and Courts
Man jailed for sex with mentally ill woman
A BUBI man will spend at least four years in jail for having sex with his mentally ill lover after a Bulawayo magistrate ruled that he had taken advantage of her condition.
The magistrate, Judith Zuyu, concluded that although it was clear that the pair loved each other and the woman believed Jabulani Moyo would marry her, there were aggravating circumstances in that he took advantage of her condition.
Zuyu said the medical report produced as part of the evidence in the case showed that penetration was painful for the woman indicating that she had been "a guest in the sexual encounter".
The magistrate said it was clear the woman had mental problems as she would either giggle or laugh during the court proceedings without any apparent reason.
Moyo, 30, from the Swathi area of Inyathi in Bubi district proved to the court that he was in love with the woman and had promised to marry her, but the court ruled that on account of her mental condition, his lover could not, legally, have consented to sex.
The court heard that on 9 October last year, Moyo approached the woman, who was alone at home, and asked her to accompany him to his house.
In the morning Moyo – who was employed as a domestic worker at a local farm -- gave his lover $30 before she left.
However, when she got home, her furious father led her to the police station where Moyo was accused of rape leading to his arrest.
Moyo told the court he believed his lover had been “influenced” by her father to turn against him.
During the trial he asked her if she would still marry him after the case and she said she would if her parents agreed.
