TEEN JAILED 15YRS FOR RAPING BOY

MANZINI – A 17-year-old teenage schoolboy will spend 15 years in prison for raping an 11-year-old boy and further forcing him to perform lewd acts, while under the influence of alcohol.

The teenage boy of Ticantfwini was charged for contravening Section 36(1) (a) (d), read with 36(ii) of the Sexual Offences and Domestic Violence (SODV) Act No.5 of 2018. According to the charge sheet, on May 1, 2022, while the accused person was at Ticantfwini in the Manzini Region, he had sexual intercourse with the 11-year-old boy and forced him to do lewd sexual acts. It was noted in the charge sheet that this rape was accompanied by aggravating circumstances as envisaged by Section 185 bis of the Criminal Procedure and Evidence Act 67/1938 in that, when he committed the offence, he put the complainant at risk of contracting sexual transmitted diseases and infections. It further said that the survivor was a minor in tender age.

The matter was heard by Acting Manzini Principal Magistrate Sindisiwe Zwane. It was gathered that when the accused person was asked if he had any knowledge of the crime levelled against him, he did not deny nor admit this, but mentioned that he was under the influence of alcohol. The accused is said to have submitted that he had been taking different kinds of beverages and in that regard, anything was possible to be levelled against him as he could not recall what happened on the day. Instead, he alleged that he recalled meeting the complainant while he was on his way back home from a drinking spree. He also alleged that he placed a Colombia knife on the 11-year-old boy asking for money and the minor gave him E4, which he later returned to the boy.

In the matter, it was disclosed that the accused person raped the survivor while laying the Colombia knife on the complainant’s shoulder. However, he submitted that he could not remember what he did to the survivor since he was under the influence of alcohol on the day of the incident. It was highlighted that there was a witness who saw the accused person committing the crime and was able to report to the survivor’s family. It was reported to the court that the accused person did not write his Junior Certificate (JC) mathematics  examination paper, thus he failed his Form III and was unable to collect his symbols as the head teacher told him to come with a parent, after being expelled for his bad behaviour. The accused claimed that he used his pocket money to purchase cigarettes, alcohol and dagga.

It was submitted that even though the accused person was a first offender, he was always known of carrying a Colombia knife wherever he went. After considering the factors, the court sentenced him to 15 years imprisonment without an option of a fine.

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