FAN CAUGHT RAPING GIRL (13) IN SOMHLOLO STADIUM TOILET

MBABANE – Money cannot change the fact that minors are protected by the law, especially on issues relating to rape.

This was evident when a 45-year-old man of Mhlabubovu failed to convince a mother of a 13-year- old girl not to report him for alleged rape because he had given the minor some money. Mfunwa Khumalo is now a suspect in the rape case after he allegedly engaged in sexual intercourse with the minor inside a toilet at Somhlolo National Stadium. According to the minor’s mother *Susan, Khumalo took advantage of her daughter’s situation at the stadium where she had sent her to sell wares during the course of the soccer games held recently. Susan informed the court that after receiving the news that Khumalo allegedly abused her daughter inside the toilet, she confronted him. “He had the guts to tell me that he gave my daughter some money,” said Susan angrily.

Her daughter *Noma told the court how Khumalo allegedly lured her into the ablution block before he raped her inside the toilet. She said she spent some time with Khumalo on the stands before he invited her to the toilet. The doctor’s report that was presented in court as part of the exhibit confirmed that Noma had sexual intercourse on the day in question. The evidence left the Crown with the view that Khumalo committed the offence despite his plea of not guilty.
Nomkhosi Dlamini, who is representing the state in the matter, reminded Khumalo that when given the opportunity to cross examine the witnesses, he did not dispute having engaged in sexual intercourse with the minor. “In your defense, you only told the minor that you used to give her money something which this court does not consider as a justification to have sexual intercourse with her. Her age does not permit her to consent to sexual intercourse,” said Dlamini.

She, therefore, implored the court to find Khumalo guilty of the offence. However, Khumalo believed that he had reasons to be exonerated. Stating his reasons, Khumalo submitted that the police failed to give satisfactory evidence that he was the one who had sexual intercourse with Noma on the day in question. “I do not dispute that Noma had sexual intercourse on the day but I don’t agree that it was with me,” he said. Khumalo disputed that he saw Noma at the stadium however, he informed the court that the minor borrowed money from him. He denied that he arrived at the stadium at around 11am, stating that he arrived at 2pm. “I never sat with Noma where she claimed we were seated. “There were many people who would have seen me entering the toilet with the child,” he argued.

He added that the toilets were not for free at the stadium, which means the cashiers would have seen them. The alleged perpetrator told the court that he was not wearing the clothes that were described by Noma on the day. He said it was for those reasons that he believed he had no case to answer.

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