AN HIV positive Harare teen aged 14 has been sentenced to four strokes of caning after he was convicted for raping his six-year-old niece.
Magistrate Fadzai Muthombeni ruled that the boy, who cannot be named for legal reasons, will receive corporal punishment at Harare Remand Prison as well and counselling at Africaid.
The boy had denied the charges during the trial and argued that his six-year-old niece was the one who begged him for se_x.
Court heard that the incident occurred in September last year.
According to prosecutor Ressy Nyamombe, the boy was being looked after by his niece’s parents after his mother remarried.
The prosecutor said on an unknown date, the boy approached the girl who was sitting alone in the dining room while her mother was busy in the kitchen.
Court heard he went on to remove the girl’s panties and raped her once without.
The little girl did not tell anyone about the incident until on September 21 when her aunt saw her scratching her genitals.
The aunt quizzed the girl who then opened up, leading to the arrest of the teenage boy.
Passing sentence, magistrate Muthombeni said it was painful to note that the 14-year-old committed the offence despite being aware of his HIV-positive status.
“Court has considered that, with his HIV status, the accused has to continue receiving counselling so that he will know and appreciate the consequences of his behaviour, especially considering his status,” said the magistrate.
“This court is of the view that an effective sentence will make him appreciate the dangers and consequences of indulging in se_xual intercourse at a tender age.
“Corporal punishment will meet the requirements of justice in this case.”