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"13-year-old Father Should Be Assessed To Determine His Maturity"

The director of Women and Law in Southern Africa, Fadzai Traquino, has said the 13-year-old boy who allegedly raped and impregnated his nine-year-old cousin in Tsholotsho should be assessed to determine his maturity and state of mind.

Police on Saturday said DNA tests confirmed that the Tsholotsho girl’s cousin was responsible for her pregnancy, exonerating the girl’s father who was initially accused of the offence.

Speaking to The Sunday Mail, Traquino said while the law provides for the prosecution of boys under the age of 14 for sexual offences, the boy should first be assessed before police formally press charges. She said:

The Criminal Law (Codification and Reform) Act states that males from 12 years can be charged with rape. However, before the courts take that route, a number of issues have to be looked into.

Because of the age of the accused, the law allows for a divergent programme where a probation or social welfare officer, with the assistance of a doctor, will question and examine the accused to determine if it was rape or it was consensual intercourse.

The assessment will also determine the accused’s maturity and his state of mind. This will include if the accused, since he is also a minor, was being sexually abused himself or if he was not exposed to pornography. Only a social welfare report can determine the case forward.

In a statement issued on Saturday, 26 November,  Zimbabwe Republic Police (ZRP) spokesperson Assistant Commissioner Paul Nyathi said:

The Zimbabwe Republic Police confirms that the Deoxyribonucleic Acid (DNA) results obtained from National University of Science and Technology on 25 November 2022, in connection with the paternity of the nine-year old’s child have established that the victim’s cousin brother (13) is the father of the child.

The nine-year-old complainant and the suspect will receive appropriate counselling from the Police’s Victim Friendly Unit (VFU).

The police is now working with other relevant arms of the Government to ensure that the due processes of the law are followed.

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32 Comments

gz 2 months ago

Ngakasungwe


gz 2 months ago

ehe kamai Kako kamuroyi

CID,, 2 months ago

if the law says from 12yearz he can be prosecuted why not just arrest him,,zvenyu zvekuda kutarisa pfungwa dzake kutambisa nguva uko,,how can u say they may have been consensus with a 9year old,,iye mfana uyu if he was abused it's another case inomira yega


Gaffer 2 months ago

I feel the father of the mother should be compensated for what he's going through. It's HELL.


TTT 2 months ago

There is no rape, it was consensual intercourse, that's why the 9yr old was shielding her 13 yr old lover. Had it not been for DNA tests, this game was going to go on and on.


Vesto 2 months ago

@TTT, please keep your theories to yourself. Nowhere is consensual **** mentioned in the article. Besides which at law noone under 16/18? can legally consent to s. ex. Bedding a minor becomes statutory rape. period.

2 months ago

If there is such a law, where a 12 year can stand trial in a court of law, how then is a person considered minor and cannot be held accountable if they have not reached the legal age of maturity of 18 years. Then such law is bootstrapping itself.


. 2 months ago

what of the child born of these two children, who is going to bring her up?


Anonymous 2 months ago

I wonder

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Panonzi pano 2 months ago

@aTTT uri **** .Hauzvari uri ngonwa hakusi kutaura kwababa kwavo.Nonsense


sibbss 2 months ago

police charge the girl ne aggravated indecent assault.she forced herself to the cousin. if the girl was a victim why is she failing to open up. chasimba brain icho. kuendesa baba ku remand mahara/for nothing.


sibbss 2 months ago

newewo kuonda brain zvekudaro

TTT 2 months ago

I totally agree with you sibbss


Hezvoness 2 months ago

TTT na sibbss munogwara.Charging a 9 year old????

TTT 2 months ago

The law of statutory rape is not applicable in this case since both persons involved are minors. A minor being someone below the of majority, viz 18.


ttt 2 months ago

your interpretation of the law is just used ****ish

2 months ago

@TTT, kana zviri izvo zvamakadziidziswa kuChitepo School of Ideology, Principal Munyaradzi Machacha should be sent to China for Re-Orientation

mh.a ta 2 months ago

mese ndozvamuri


mh.a ta 2 months ago

mutemo UPI waunoziva mese **** imi tibvire apa ne ignorance yenyu mese


inini 2 months ago

mwana akakovirwa necousin yake.kwakusungisa baba **** mhani


CID 2 months ago

Article is saying men from 12years can be charged with rape although certain factors are considered vana msoro bhangu mambo erenga nyayA here or todeedza Chibadura atsanangure


nitho 2 months ago

they are only kids both need counselling


Ma1 2 months ago

That guy had shoot himself on the foot, Jeri rinomamisa chi fight cha Manyuchi manje


Mancimbi 2 months ago

They agreed to fu** each other, always blaming the boy child.


Chibadura 2 months ago

I is not comment because when the time I did you had shout with me saying hee chibadura please go and come back


Ziso 2 months ago

Kasikana aka hakana kumira mushe...baba vakapika 3months. Chaindishamisa ndechekuti hapana paitaurwa nezva amai kuti paipinda goblin amai vaivepi. Rinamanyanga hariputirwe


k 2 months ago

ndiwo ma results e new curriculum.maiti zvinoguma nei Bhai minister of education


Tateguru 2 months ago

Iyi nyaya haina complainant iyi. Accused hapana futi. Nyaya dzekumahumbwe hadzipindirwe. Umwe aitoti ndini Mai umwe achitoti ndini baba.
Vaya vainzi iwe ndiwe imbwa havasi kumiririrwa pa defamation of character wani? Ma results emahumbwe aya


PORISI 2 months ago

Fadzai Traquino is very correct that is the procedure according to the laws of this country. The procedure of the criminal law outlines that any accused person below 18yrs of age should first be examibed by a probation officer before being areaigned before the courts. Probation officer's report can either clearly give recommendations to the Prosecutor or Magistrate on whether to proceed wth trial or not and or what type of sentence shoul be given. VESTO statutory rape only applies to a girl which is 12 below. Anyone above 12 but less than 16 iif having consentual Sexual intercourse its not rape but Having Sexual intercourse with a young person as defined in section 70 of the Code.


Jk 2 months ago

Hoooo


Jah 🇿🇼 Tsvarie-07 2 months ago

If the 13 year old is responsible then the gobblin story was fiction 😂


Mangemba 1 month ago

Srsly a 13yr old boy akunzi murine...automatic rape charge because mukomana..haaaaa zvakaoma
Vese vana,vakaita musikanzwa but it all falls on the male child
9yr old mwana
Same as 13 yr old boy
They both need counceling and help
The problem is not the boy,its society with too much po nogr aphic content music movies and dressing easily accessible to children and corrupting their minds kwete Kuda kuita scapegoat the boy child as usual



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